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| Hill v. Shelter Mut. Ins. Co., NO. 2005-C-1818 Consolidated with 2005-C-1783,
SUPREME COURT OF LOUISIANA, February 10, 2006, Decided
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| Holly & Smith Architects, Inc. v. St. Helena Congregate Facility, Inc., NO. 2005 CA 0175 C/W NO. 2005 CA 0176,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, February 10, 2006, Judgment Rendered
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Overview: Appellate court affirmed the denial of a petition for writ of mandate to remove three recorded judgments by an architectural firm against property owned by a hospital district as nothing in La. Rev. Stat. Ann. § 33:7701 et seq. prohibited the placement of a judicial mortgage on the property of hospital service districts.
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| In re D.M., 2005 CJ 2046,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, February 10, 2006, Date of Judgment
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Overview: Termination of mother's parental rights under La. Child. Code Ann. art. 1015(3)(i) was supported by sufficient evidence that showed she severely abused the child in life threatening manner, but dismissal of petition against father was error where he failed to comply with case plan and there was no sign of improvement due to repeated incarcerations.
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| Johnson v. Blue Haven Pools of La., Inc., NO. 2005 CA 0197,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, February 10, 2006, Judgment Rendered
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Overview: Trial court did not err in declining to order arbitration regarding whether buyer cancelled contract for construction of a swimming pool in accordance with cancellation clause; the arbitration clause referred only to disputes involving the actual contract and did not, as written, apply to any dispute regarding timeliness of notice of cancellation.
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| Lake Bistineau Pres. Soc'y, Inc. v. Seales, No. 40,583-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, February 10, 2006, Judgment Rendered
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Overview: Appeal by a citizens' group of their action against Louisiana Department of Wildlife and Fisheries seeking injunctive relief was dismissed as moot because the actions that were threatened at the time of the July 2005 hearing, the spraying of a lake with herbicides, which were the subject matter of the preliminary injunction, had already occurred.
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| Munsch v. Liberty Mut. Ins. Co., 2005 CA 0147,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, February 10, 2006, Judgment Rendered
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Overview: Selection of lower limits of UM motorist coverage by car owner's deceased husband was not valid after policy was transferred into owner's name because La. Rev. Stat. Ann. § 22:680(1)(a)(ii) made the continued validity of the UM selection contingent on a renewal issued to "same named insured," thus denial of summary judgment for insurer was proper.
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| Payton v. Cooper, NUMBER 2005 CA 0127,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, February 10, 2006, Judgment Rendered
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Overview: Department of public safety and corrections properly relied on La. Rev. Stat. Ann. § 15:571.3(D) to deny an inmate the right to earn good time in diminution of his sentence for forcible rape as he had previously been convicted of robbery in another state, which was classified as a "crime of violence."
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| Reed v. Abney, 2004 CA 1928,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, February 10, 2006, Judgment Rendered
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Overview: Court erred in finding 10-year prescription specifically provided in La. Rev. Stat. Ann. § 42:1461 did not apply as there was no evidence fire protection district employees had misappropriated funds or illegally taken funds without authority; prescriptive period in fact had not run, and court should not have made determination on merits of case.
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| Richardson v. Lott, 2004 CA 2770,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, February 10, 2006, Judgment Rendered
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Overview: In a police officer's challenge to the trial court's ruling that the Parish validly rejected UM coverage, the reissued policy did not require the issuance of a new UM selection/rejection form under La. Rev. Stat. Ann. § 22:680 as amending the policy to add pesticide coverage was not material to the initial selection/rejection waiver of UM coverage.
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