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| Allen v. Allen, No. 41,204-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 2, 2006, Judgment Rendered
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Overview: Dismissal of a husband's appeal partitioning his retirement pension was proper pursuant to La. Code Civ. Proc. Ann. art. 1915 where his appeal was from a partial final judgment that was not certified as immediately appealable. Further, the record did not contain any determination and designation by the district court as immediately appealable.
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| Hous. Auth. v. Graham, NO. 2005-CA-0665,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 2, 2006, Decided
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Overview: From the housing authority's rule for possession seeking to evict a tenant for harboring a fugitive, the trial court erred in granting the tenant's exception of no cause of action after considering a police officer's testimony as it could only consider the four corners of the petition under La. Code Civ. Proc. Ann. art. 931.
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| Leaf v. Leaf, NO. 2005-CA-0592,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 2, 2006, Decided
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Overview: Denial of a mother's petition to relocate pursuant to La. Rev. Stat. Ann. § 9:355.12 was not manifestly erroneous as relocation would not have been in the best interest of the daughter where formation and growth of a relationship between the father and the daughter would be thwarted and the daughter's life would not be enhanced by relocation.
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| Payne v. Orleans Parish Sch. Bd., NO. 2005-CA-0682,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 2, 2006, Decided
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Overview: Workers' compensation award was affirmed because there was no manifest error in determining that the teacher proved that she sustained both physical and mental injuries under La. Rev. Stat. Ann. § 23:1021(8), when a student threw a desk at her.
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| Raspanti v. Raspanti, NO. 05-CA-738 c/w 05-CA-931,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 3, 2006, Decided
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Overview: Pursuant to La. Code Civ. Proc. Ann. art. 1915, judgment was not appealable; the judgment, as it pertained to exception of prescription, did not adjudicate all claims of all of the parties because there had been no consideration of the original demand and trial court did not designate the judgment as final for purposes of immediate appeal.
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| Crooks v. LCS Corr. Servs., NO. 2006 CW 0003,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 6, 2006, Decided
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Overview: Denial of a correctional facility's exception for res judicata was affirmed because while the grant of a prior motion to strike a class action was designated as final for purposes of immediate appeal, it was not a judgment that supported an exception of res judicata under La. Rev. Stat. Ann. § 13:4231(3).
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| State v. Balka, 05-1296,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 6, 2006, Opinion Rendered
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Overview: Although judge had stated personal cause of action against district attorney in La. Code Crim. Proc. Ann. art. 21 motion for sanctions regarding a subpoena issued to judge to compel his testimony in a criminal matter, that action was properly brought in separate civil suit for damages instead by filing motion for sanctions in criminal proceeding.
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