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| Spiers v. Roye, NO. 2004 CA 2189,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, February 10, 2006, Judgment Rendered
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Overview: Court dismissed car dealership's appeal in part because it was untimely insofar as it sought relief from sequestration orders and the judgment denying its motion to dissolve those orders, but case was remanded on issue of whether dealership received prior notice of trial after its original attorney withdrew; resolution of other issues was deferred.
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| State v. Bonit, NO. 2005 KA 0795,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, February 10, 2006, Judgment Rendered
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Overview: Defendant's right to counsel pursuant to La. Const. art. I, § 13 and U.S. Const. amend. VI was not violated by the trial court's denial of his motion to hire a private attorney as defendant had been provided a public offender and did not make his motion until the first day of trial.
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| State v. Lathers, NUMBER 2005 KA 0786,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, February 10, 2006, Judgment Rendered
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Overview: In a murder case that was not tried for six years, denial of defendant's motion to quash the indictment was proper as the State's writ applications seeking review of the trial court's decision regarding the admissibility of videotaped statements was a cause beyond the control of the State under La. Code Crim. Proc. Ann. art. 579(A)(2).
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| State v. LeBlanc, NO. 2005 KA 0885,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, February 10, 2006, Judgment Rendered
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Overview: Conviction for vehicular homicide, a violation of La. Rev. Stat. Ann. § 14:32.1., was affirmed; although lay opinion testimony by trooper as to causation of post-impact tire marks was improperly admitted, it was harmless error as the guilty verdict was certainly unattributable to any opinion regarding post-collision movement of defendant's vehicle.
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| Union Planters Bank, N.A. v. City of Gonzales, NO. 2005 CA 0377,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, February 10, 2006, Judgment Rendered
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Overview: Trial court had not erred in upholding the decision of a city council condemning and ordering demolition of a residence pursuant to La. Rev. Stat. Ann. § 33:4762 because, although council lacked a written report recommending condemnation in accordance with § 33:4762(A), all that was required was that the residence created a grave public emergency.
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| Union Planters Bank, N.A. v. City of Gonzales, NO. 2005 CA 1898,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, February 10, 2006, Judgment Rendered
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Overview: Where a trial court granted a bank's motion for reconsideration to nullify a city's condemnation order while the bank's appeal of that condemnation order was on appeal, the trial court had been divested of jurisdiction under La. Code Civ. Proc. Ann. art. 2088, and its order nullifying the condemnation order was null and void.
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| Voisin v. Int'l Cos. & Consulting, Inc., NO. 2005 CA 0265,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, February 10, 2006, Judgment Rendered
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Overview: In a breach of contract suit brought by the substituted family on behalf of a deceased employee against his former employer, the trial court properly ruled that the suit was abandoned under La. Code Civ. Proc. Ann. art. 561 as the signing of a deposition by a non-party witness did not constitute a "step" in the prosecution of the case.
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| Wilson v. City of Shreveport, No. 40,383-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, February 10, 2006, Judgment Rendered
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Overview: Trial court did not err in denying arrestee's claim for false arrest, battery, and personal injuries arising out of her arrest by a city marshal; as the aggressor, the arrestee was solely responsible for her injuries and the measured force used on her by the marshal was a reasonable response to her unprovoked, aggressive, and inexcusable behavior.
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| Wooley v. State Farm Fire & Cas. Ins. Co., NO. 2005 CA 1490,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, February 10, 2006, Judgment Rendered
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Overview: Appellate court held that under La. Rev. Stat. Ann. §§ 49:964(A)(2) and 49:992(B)(3), the Commissioner of Insurance had no ability to seek judicial relief from the decision of an ALJ that ruled against it in determining that an insurance form complied with statutory requirements.
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