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| Dowl v. Arias, NO. 2006-CA-0874,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, February 14, 2007, Decided
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Overview: Where an alleged lienholder failed to establish ownership of property, the trial court properly dismissed his eviction action filed under La. Code Civ. Proc. Ann. art. 4702. The record did not establish that an act of sale or other transfer took place, giving him an ownership interest in the subject property.
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| Elevating Boats, Inc. v. Parish of Plaquemines, NO. 2006-CA-1208,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, February 14, 2007, Decided
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Overview: Trial court did not err in entering judgment in favor of corporate taxpayer refunding sales and use taxes for the tax years 1992-94 in the total sum of $ 122,450 plus interest in accordance with La. Rev. Stat. Ann. § 47:337.40, and all costs because the three-year period provided by La. Rev. Stat. Ann. § 33:2718.1 controlled the prescription issue.
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| Etter v. Hibernia Corp., NO. 2006-CA-0646,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, February 14, 2007, Decided
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Overview: The trial court properly approved the certification and settlement of a class action brought by a class of stock holders under La. Code Civ. Proc. Ann. art. 591(A), in part because the representative plaintiff was confronted with the same injury as other class members and the plaintiff had owned 6,500 shares of stock during the class period.
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| Haney v. Davis, NO. 2006-CA-1058,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, February 14, 2007, Decided
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Overview: In a nullity action brought by shareholders against petroleum company, action was untimely because prescription period was one year, as provided by La. Code Civ. Proc. Ann. art. 2004, which had already expired at time action was brought.
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| Hoffman v. Target Corp., 06-1067,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 14, 2007, Opinion Rendered
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Overview: Summary judgment was granted to an employer in a tort case based on an employee's injuries suffered from a slip and fall on ice in a freezer because the intentional tort exception under La. Rev. Stat. Ann. § 23:1032(B) did not apply; the employer's actions merely amounted to a failure to correct unsafe working conditions.
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| In re Discon, NO. 2007-OB-0201,
SUPREME COURT OF LOUISIANA, February 14, 2007, Decided
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| Interdiction of Marceaux, 06-1328,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 14, 2007, Opinion Rendered
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Overview: Order granting temporary interdiction was interlocutory ruling, as it did not decide petition's merits, La. Code Civ. Proc. Ann. art. 1841, and it was a non-appealable judgment, La. Code Civ. Proc. Ann. art. 2083; trial court retained jurisdiction to give effect to judgment as it was not suspended by appeal, La. Code Civ. Proc. Ann. art. 2088(7).
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| LeBlanc v. LeBlanc, 06-1052,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 14, 2007, Opinion Rendered
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Overview: A court erred in finding that a mother's move with her child was a material change in circumstances that affected the child's welfare, La. Civ. Code Ann. art. 134, because neither party testified to any problems due to the child's impending move, and the mother demonstrated a sincere effort to maintain the father's relationship with the child.
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| Matherne v. Broussard, NUMBER 2006 CA 0838,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, February 14, 2007, Judgment Rendered
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Overview: In a nephew's action against his deceased uncle's widow and their two daughters to establish filiation in an effort to recover lost succession rights, dismissal of the nephew's fraud claims was proper as the time limitation in former La. Civ. Code Ann. art. 209 was peremptive and thus not subject to the doctrine of contra non valentem.
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