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| Fonseca v. Pelican Publ'g Co., NO. 05-CA-571,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 31, 2006, Decided
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Overview: Trial court correctly concluded that publisher owed author royalties for its secondary use of her travel book in a new book, but the 1992 contract for the travel book did not provide for a reduction of royalties due the author or for a setoff for the publisher's expenses; also evidence did not support award of $500 in lost income from book sales.
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| Hover v. Farber, NO. 05-CA-613,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 31, 2006, Decided
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Overview: In a medical malpractice case where a doctor challenged the grant of a partial summary judgment in favor of the patient on the issue of liability, the appellate court had to remand the case to the trial court pursuant to La. Code Civ. Proc. Ann. art. 2161 as the documents and evidence relied on by the trial court were not in the appellate record.
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| Iberia Bank v. 3-D Acquisition Co., L.L.C., NO. 05-CA-641,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 31, 2006, Decided
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Overview: Partial summary judgment was properly granted to the individual guarantors under La. Code Civ. Proc. Ann. art. 966 where the unambiguous language of the commercial guaranties showed that parties intended to limit the guaranties to cover an October note to the bank and that a September note was not included and was not a related document.
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| Jimenez v. Jimenez, NO. 05-CA-645,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 31, 2006, Decided
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Overview: In a wife's petition for a temporary restraining order (TRO) against her husband which ended with her voluntary dismissal when the husband could not be served, the trial court erred in assessing her with court costs as the assessment violated La. Rev. Stat. Ann. § 46:2134(F) and La. Code Civ. Proc. Ann. art. 3603.1(C)(1).
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| Perry v. Parish of Jefferson, NO. 05-CA-570,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 31, 2006, Decided
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Overview: In a used car lost owner's challenge to the Parish's citation for his violation of a local ordinance, his exception of prescription was properly denied as the commencement of the administrative proceeding by service of the citation was an "action" to require compliance with land use ordinances as contemplated by La. Rev. Stat. Ann. § 9:5625.
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| Raspanti v. Liberty Mut. Ins. Co., NO. 05-CA-623,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 31, 2006, Decided
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Overview: Judgment in favor of injured motorist and against his underinsured motorist insurer was proper where there was no evidence that the damages awarded were inadequate, the trial court did not err in allowing the motorist's deposition to be used to impeach him, and no error was found as to the apportionment of fault.
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| St. Germain v. Coulon, NO. 05-CA-639,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 31, 2006, Decided
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Overview: In a job applicant's abuse of rights and intentional infliction of emotional distress action, summary judgment in favor of the Parish and two parish officers was proper as the applicant failed to show that he was not hired for the parish job because of statements allegedly made by the officers that he was a troublemaker.
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| State v. Crawford, NO. 05-KA-494,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 31, 2006, Decided
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Overview: As to his convictions for distribution of Hydrocodone, and cruelty to juvenile, defendant's total sentence of 15 years was not excessive as sentences, particularly the drug counts, were within statutory limits. His emotional disorder was noted, but per La. Code Crim. Proc. Ann. art. 894.1 court considered lack of remorse and seriousness of conduct.
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| State v. Duplechin, NO. 05-KA-726,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 31, 2006, Decided
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Overview: Court erred in granting defendant's motion to quash bill of information on ground that predicate DWI convictions alleged in information were invalid where defendant's prior convictions did not form part of his current DWI offense, but rather sentencing mechanism. His double jeopardy rights, as provided in La. Const. art. I, § 15, were not violated.
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