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| Allen v. Finley, No. 41,967-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, February 28, 2007, Judgment Rendered
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Overview: A finding that plaintiff property owner was entitled to a servitude of passage across defendant property owner's property that was only 15-feet wide was inappropriate under La. Civ. Code Ann. art. 695 because plaintiff was entitled to a right of passage that afforded the same facility to her as before.
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| Atkins v. Eastover Realty, Inc., NO. 2006-CA-1055,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, February 28, 2007, Decided
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Overview: The grant of summary judgment in favor of a purchaser in its action against a realty corporation for breach of contract was improper because there was no proof in the record that a lot was, as the purchaser argued, unavailable. The availability of that property directly related to whether the corporation had breached its obligation.
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| Aucoin v. Southern Quality Homes, LLC, CA 06-979,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 28, 2007, Opinion Rendered
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Overview: In a redhibition case pursuant to La. Civ. Code Ann. art. 2545 Mobile home manufacturer was solidarily liable, along with seller, to buyer because manufacturer, to show that it was not solidarily bound with the seller, had to show the it had no fault in creating the redihbitory defect in the home, which was not done.
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| Brooks v. Belote, No. 41,900-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, February 28, 2007, Judgment Rendered
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Overview: Where plaintiff brought a personal injury suit after her vehicle was rear-ended, the trial court was correct in not applying the presumption of negligence on the part of the following motorist under La. Rev. Stat. Ann. § 32:81. Plaintiff was 100 percent at fault, because she changed lanes without first determining that it was safe to do so.
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| Canterberry v. Chamblee, No. 41,940-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, February 28, 2007, Judgment Rendered
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Overview: A grant of summary judgment in favor of insurer was appropriate because the insured son's actions in attacking another child were excluded under the insureds' homeowner's policy. There was no support for the description of the kick as the unintentional result of the insured son losing his balance while being pulled away from the other child.
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| Golden v. Waterhouse, No. 41,889-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, February 28, 2007, Judgment Rendered
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Overview: Trial court erred in granting the husband's exception of lack of jurisdiction because the judgment of divorce was rendered by the trial court and it had continuing jurisdiction over the husband and the ancillary partition proceeding, as the action to divide the community property was within the scope of the trial court's continuing jurisdiction.
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| HWW Enters. v. Envtl. Treatment Team, L.L.C., 06-891,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 28, 2007, Opinion Rendered
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Overview: In a case involving an eviction for an alleged breach of a sublease, judgment for a landlord was proper because the contract could not have been orally modified based on an alleged failure to supply equipment, accord and satisfaction did not apply to a partial rent payment, and judicial control did not apply since there was no mistake of fact.
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| Hargrove v. Goods, Nos. 41,817-CA, 41,934-CA, Consolidated Cases,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, February 28, 2007, Judgment Rendered
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Overview: Summary judgment was properly granted to a fire chief and a fire department in an action alleging that equipment malfunctions and inattention caused fire damage to a house because, in addition to a lack of proper evidence, immunity existed under La. Rev. Stat. Ann. § 9:2793.1 and there was protection under La. Rev. Stat. Ann. § 9:2798.1.
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| Houston v. Springville Cemetery Ass'n, No. 41,869-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, February 28, 2007, Judgment Rendered
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Overview: A husband could not enjoin a cemetery from ordering the removal of an arbor and a canopy over the husband's family gravesite because La. Rev. Stat. Ann. § 8:204(2) gave the private cemetery authority to regulate structures in the graveyard, and the decision for removal of the structures was not arbitrary or capricious.
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| Johnson v. Mayo, No. 41,645-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, February 28, 2007, Judgment Rendered
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Overview: In city councilmen's suit against the Mayor, the Mayor did not violate Monroe, La., City Home Rule Charter § 3-09 by giving a directive to the police chief to charge misdemeanor offenders under a relevant state statute instead of the violated city ordinance as the discretion as to which statute to charge rested with the district or city attorneys.
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