AMY , Judge . The plaintiffs filed this claim against their former attorney, and purported former attorneys, alleging legal malpractice in a number of acts and omissions, including the entry of a settlement. The plaintiffs appealed to this court after the trial court sustained the defendants' exceptions of res judicata and peremption. The plaintiffs further seek review of the trial court's denial of their constitutional challenge of the setting of bond for security for costs pursuant to La....
WHIPPLE , C.J. This matter is before us on appeal by plaintiff, Deborah Riedel, individually, and on behalf of her minor children, Rachel Riedel and Jeremy Canzoneri, (collectively referred to as "Riedel") from a judgment of the trial court granting summary judgment in favor of defendants, Frank and Theresa Cali, and dismissing Riedel's claims against them with prejudice. For the reasons that follow, we recall the show cause order and affirm the judgment of the trial court. FACTS AND...
WHIPPLE , C.J. This is an appeal by plaintiff, Deborah Riedel, individually, and on behalf of her minor children, Rachel Riedel and Jeremy Canzoneri, from a judgment of the trial court granting summary judgment in favor of defendants, Angela Fenasci and Hollie Realty, L.L.C./RE/MAX Northshore ("Hollie Realty"), and dismissing Riedel's claims against them with prejudice. For the following reasons, we recall our show cause order and affirm. FACTS AND PROCEDURAL HISTORY This matter arises...
WHIPPLE , C.J. This matter is before us on appeal by defendant-in-reconvention, Deborah Riedel, from a judgment of the trial court granting summary judgment in favor of plaintiffs-in-reconvention, Frank and Theresa Cali. For the reasons that follow, we affirm the judgment of the trial court. FACTS AND PROCEDURAL HISTORY 1 On April 25, 2014, Riedel, with the assistance of real estate agent Angie Fenasci, entered into a purchase agreement for a condominium located at 2700 Rue St. Martin,...
Judge Rosemary Ledet . This is a complex commercial litigation suit. In the various iterations of the petition, 1 the plaintiff, Thomas Pike Barkerding, named over fifty defendants and asserted almost a dozen causes of action. At this juncture, only six defendants and four causes of action remain. Those six defendants can be divided into the following two groups: (i) Stone Pigman Walther Wittmann, LLC ("Stone Pigman"); Scott Whittaker; and William Bishop (collectively, the "Stone Pigman...
Judge Tiffany G. Chase . The State of Louisiana (hereinafter "the State") appeals the trial court's granting of the motion to quash the bill of information filed by the defendant, Keriana Alexcee (hereinafter "Ms. Alexcee"). Ms. Alexcee was charged with malfeasance in office, a violation of La. R.S. 14:134. The State also appeals the trial court's granting of a motion to suppress statements given by Ms. Alexcee in the course of an investigation by the Orleans Parish Sheriff's Office (...
Judge Regina Bartholomew-Woods . Appellant-Defendant, Clarence Gabriel, appeals the January 25, 2017 judgment of the district court finding him guilty of possession of a firearm by a felon, in violation of La.R.S. 14:95.1. Defendant was sentenced on October 4, 2017 to ten (10) years' imprisonment, at hard labor without the benefit of probation, parole, or suspension of sentence. For the reasons that follow, we affirm. FACTUAL BACKGROUND On May 24, 2016, Orleans Parish Sheriff —Captain...
GRAVOIS , J. In this community property partition suit between former spouses Heather Grace Villarrubia and Todd Villarrubia, intervenor/appellant Todd M. Villarrubia, PLC d/b/a Wealth Planning Law Group ("the PLC"), appeals the trial court's judgment of January 22, 2018 (as amended on July 18, 2018), 1 granting Heather's exceptions of no right of action and no cause of action, dismissing the PLC's intervention in the community property partition proceeding. Following the PLC's appeal to...
NOT DESIGNATED FOR PUBLICATION THERIOT , J. The defendant, Gary J. Leblanc, III, was charged by bill of information on count one with intimidating a witness, a violation of La. R.S. 14:129.1, on count two with home invasion, a violation of La. R.S. 14:62.8, and on count three with second degree battery, a violation of La. R.S. 14:34.1. He originally pled not guilty on all counts. The defendant later withdrew his former pleas of not guilty and entered pleas of guilty as charged on counts...
Judge Joy Cossich Lobrano . Defendant, Oliver Lewis ("Defendant"), appeals his convictions for aggravated rape and unauthorized entry of an inhabited dwelling. After reviewing the record and applicable law, we affirm the convictions. Following his indictment on charges of aggravated rape and aggravated burglary, Defendant pled not guilty to both charges. A jury found Defendant guilty of aggravated rape and returned the responsive verdict of unauthorized entry of an inhabited dwelling on...
Judge Rosemary Ledet . This is a State appeal from the quashal of a prosecution for failure to pay a child support obligation. For the reasons that follow, we reverse and remand. FACTUAL AND PROCEDURAL HISTORY For the purposes of this appeal, it is undisputed that Herman Wells owes an ongoing obligation to pay child support arising from a consent judgment entered in a civil child support proceeding pending before the Jefferson Parish Juvenile Court (the "Child Support Case"). It is also...
Judge Roland L. Belsome . The defendant, Michael Baugh, was charged by bill of information with one count of battery of a police officer with injury that requires medical attention, in violation of La. R.S. 14:34.2(B)(3), and one count of first offense possession of marijuana, in violation of La. R.S. 40:966(E)(1). The matter proceeded to jury trial for the battery charge in July of 2017. The bench trial for Defendant's marijuana charge ran concurrently with the jury trial. On July 12,...
NOT DESIGATED FOR PUBLICATION DALE N. ATKINS , Judge . Plaintiffs, Patsy and James Hooper ("Plaintiffs"), seek review of three judgments issued from the 25 th Judicial District Court in Plaquemines Parish, Louisiana. For the reasons that follow, we find that the three judgments are not final appealable judgments. Accordingly, we dismiss the appeal without prejudice and remand this matter to the district court. This litigation originated when Plaintiffs sued Allen Hero and Hero Lands...
Judge Terri F. Love . This appeal arises from a design build contract for the construction of a high pressure industrial pump for NASA. The mechanical subcontractor utilized an initial budget quote from the builder to assemble a bid for the NASA project. The final quote was over one million dollars above the initial quote. As a result, the mechanical subcontractor was required to expend extra monies to complete the project. The mechanical subcontractor then filed suit against the...
TIFFANY G. CHASE , Judge . The Middleberg Riddle Group (hereinafter "MRG"), seeks review of the trial court's May 1, 2018 judgment finding no option to renew its lease with 201 Place St. Charles, LLC (hereinafter "PSC"); and awarding PSC past due rent and operating expenses owed from MRG. After consideration of the record before this Court, and the applicable law, we affirm the judgment of the trial court. Facts and Procedural History MRG initially leased the 31 st floor at 201 St....
Judge Daniel L. Dysart . M.K., who appeared with counsel, was adjudicated delinquent for a violation of La. R.S. 14:62, simple burglary, at an adjudication hearing on April 17, 2017. The trial court imposed a one year sentence of incarceration, suspended, and imposed a one year term of active probation with special conditions. M.K. filed a motion to reconsider his sentence, which was denied. He now appeals his adjudication, arguing that the trial court erred in allowing exhibits from a...
EZELL , Judge . Scott Bridges appeals a trial court's grant of summary judgment in favor of his brother, Barry Bridges, dismissing Scott's claim to set aside an act of donation. Scott claims that a donation of land to his father and mother in 2005 was an absolute nullity because he did not sign it in in the presence of a notary and two witnesses. For the following reasons, we affirm the judgment of the trial court. FACTS On November 17, 2003, Scott bought approximately twenty acres of...
NOT DESIGNATED FOR PUBLICATION CANDYCE G. PERRET , Judge . In this slip and fall case, Plaintiff, Alyssa Bennett, appeals the judgment of the district court granting Wal-Mart Louisiana, L.L.C.'s ("Wal-Mart") Motion for Summary Judgment and dismissing her claims against it with prejudice. For the following reasons, we affirm. FACTS: On June 26, 2015, Ms. Bennett was shopping with her daughter, her boyfriend's mom and dad, and their granddaughter, in a Wal-Mart store located on Monroe...
KEATY , Judge . This is a breach of contract case. The plaintiff appeals a judgment granting a motion for partial summary judgment filed by the third party defendant insofar as the judgment, in addition to dismissing the third party demands against the third party defendant, also dismissed the plaintiff's claims against the original defendants. More specifically, the plaintiff asserts that the trial court erred, as a matter of law, in dismissing the principal demand when no motion for...
ROSEMARY LEDET , Judge . This is a summary eviction proceeding. The plaintiff, T M F Hotel Properties, L.L.C. ("TMF"), is the lessor; the defendant, Crescent City Connections 501(C) 7 Gris-Gris Pleasure Aide & Social Club ("Crescent City"), is the lessee. 1 On October 19, 2017, the trial court denied a declinatory exception of lis pendens filed by Crescent City and granted a judgment of eviction in favor of TMF. Crescent City appealed. For the reasons that follow, we reverse the trial...
