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| Mitchell v. Rehab. Inst. of New Orleans, Inc., NO. 2006-CA-0910,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, February 14, 2007, Decided
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Overview: Timely filed suit against non-qualified health care provider did not interrupt and/or suspend prescription against qualified health care provider who was solidary obligor with non-qualified care provider and La. Rev. Stat. Ann. § 40:1299.47(A)(2)(a) applied to suspend prescription alone rather than complementary to general articles on prescription.
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| Nasello v. Dep't of Pub. Safety, NO. 2006-CA-1216,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, February 14, 2007, Decided
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Overview: A trial court erred in granting petitioner's La. Rev. Stat. Ann. § 32:415.1 application for a restrictive driver's license after his license was suspended under La. Rev. Stat. Ann. § 32:892 for failure to satisfy a civil judgment because La. Rev. Stat. Ann. § 32:415.1(A) did not apply to petitioner's suspension under La. Rev. Stat. Ann. § 32:892.
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| Robinson Bros., Inc. v. Carter, Boutit, Inc., NO. 2005 CA 2452,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, February 14, 2007, Judgment Rendered
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Overview: In a third party action by car repair company and insurance guaranty association against insurance company that issued a commercial umbrella liability policy, the contract provided that insurance company would not drop down and cover insolvency of car repair company's primary insurer. Thus, summary judgment in insurance company's favor was proper.
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| Sampognaro v. Sampognaro, NO. 41,664-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, February 14, 2007, Judgment Rendered
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Overview: Where the monthly income of two parents exceeded the amount under La. Rev. Stat. Ann. § 9:315.13(B), a trial court did not err by ordering a husband to pay $5,500 per month in child support, but he was ordered to provide an accounting to the wife for extraordinary expenses he paid to third parties that were deducted from the support obligation.
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| Singleton v. Wilkinson, 2006 CA 0637,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, February 14, 2007, Judgment Rendered
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Overview: Trial court erred in upholding decision of Louisiana Department of Public Safety and Corrections (DPSC), which upheld forfeiture of an inmate's good time days, where it could not be concluded that DPSC's affirmation was in compliance with statutory provisions of La. Rev. Stat. Ann. § 39:1800.5(5), pursuant to La. Rev. Stat. Ann. § 15:1177(A)(9)(a).
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| State in re C.J., 2006 CJ 1441,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, February 14, 2007, Judgment Rendered
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Overview: Appeal by maternal grandmother and great-grandfather of the denial of their motion to vacate judgment adjudicating child in need of care was dismissed for lack of jurisdiction where judgment denying their motion was not judgment of disposition; pursuant to La. Child. Code Ann. art. 330, an appeal could only be taken after a judgment of disposition.
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| State v. Clesi, 2006 KA 1250,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, February 14, 2007, Judgment Rendered
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Overview: Minute entries for two of defendant's guilty pleas and order summarizing a guilty plea did not indicate that he was informed of his Boykin rights (self-incrimination, jury trial, and confrontation). Thus, they did not reflect valid guilty pleas. Therefore, he was not fourth felony habitual offender under La. Rev. Stat. Ann. § 15:529.1(A)(1)(c)(i).
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| State v. Douglas, NO. 2006-KA-0319,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, February 14, 2007, Decided
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Overview: Defendant was seen in victim's car. Victim saw defendant wearing victim's slippers, and money was missing. Trial court did not err in imposing 40-month sentence because defense failed to allege that review was inappropriate under La. Code Crim. Proc. Ann. art. 891.1. Sentence had to be upheld under guidelines of La. Rev. Stat. Ann. § 15:529.1.
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| State v. Ordner, 06-1054,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 14, 2007, Opinion Rendered
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Overview: Evidence was sufficient to sustain an aggravated battery conviction, La. Rev. Stat. Ann. § 14:34, because, after defendant fired a shot the aggressors ran from the scene, there was no longer a perceived threat of harm, and there was no evidence that the victim was ever a threat to defendant or that he approached defendant in an aggressive manner.
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| State v. Riles, 2006 KA 1039,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, February 14, 2007, Judgment Rendered
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Overview: Considering defendant's criminal history and the fact that his total 20-year sentence was less than one-third of the possible maximum sentence, the sentences imposed under La. Code Crim. Proc. Ann. art. 894.1 for battery of a police officer, four simple burglary counts, and possession of a firearm by a convicted felon were not excessive.
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