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| Caldwell Parish Police Jury v. Town of Columbia, No. 40,865-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 15, 2006, Judgment Rendered
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Overview: Because a town could not annex non-contiguous property without also annexing a corridor for connection, inter alia, court did not err in finding that as Columbia, La., Ordinance 2003-1 purported to annex more than was allowed under La. Rev. Stat. Ann. § 33:180(C), which the town had used, the ordinance was an ultra vires act and was null and void.
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| Cmty. Trust Bank v. First Nat'l Bank, No. 40,639-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 15, 2006, Judgment Rendered
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Overview: Where bank 1 allegedly held security interest in all inventory and general intangibles of borrower as reflected in UCC-1, court did not err in finding bank 1 failed to establish that any money in bank 2's account, that was set off by bank 2 on borrowers' default, was identifiable proceeds under La. Rev. Stat. Ann. § 10:9-315 of bank 1's collateral.
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| Cox Communs. v. Tommy Bowman Roofing, LLC, NO. 2004-CA-1666,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 15, 2006, Decided
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Overview: Trial court erred as a matter of law when it determined that an indemnity provision only required a contractor to indemnify an owner for third party claims; the language of the contract under La. Civ. Code Ann. art. 2046 showed that the contractor was required to indemnify the owner for all claims arising from the negligent performance of work.
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| Funk v. Clement, 05-966,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 15, 2006, Opinion Rendered
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Overview: In suit in which damages were awarded to a patient and her husband against physician and corporation for negligent treatment, physician's and corporation's donations to inter vivos trust were null, as provided by La. Code Civ. Proc. Ann. art. 2030, because donations were done for an illicit purpose: to secrete corporation's property from creditors.
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| Masse-Richardson v. Samudia, 05-987,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 15, 2006, Opinion Rendered
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Overview: Where a trial court allowed defense counsel to strike a black woman close to the victim's age, but allowed a white woman who was closer to the victim's age remain on the panel, the trial court committed legal error requiring it to vacate and set aside the judgment of the trial court.
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| New Orleans Firefighters Ass'n Local 632 v. City of New Orleans, NO. 2004-CA-2078,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 15, 2006, Decided
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Overview: In firefighters' action seeking the enforcement of a prior order giving them a pay raise, the trial court properly denied a city's exception of res judicata under La. Civ. Code Ann. art. 3077 as there was no evidence that the individual firefighters intended to be a party to the settlement with the firefighters union.
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| Palermo v. Port of New Orleans, NO. 2004-CA-1804, CONSOLIDATED WITH: NO. 2004-CA-1805,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 15, 2006, Decided
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Overview: In asbestos litigation regarding two decedents, appellees cited no authority for the imposition of a duty upon the dock board with respect to them in that the dock board leased its facilities to the stevedoring companies, which had the complete responsibility for all cargo operations.
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| Springer v. La. Bd. of Registration, NO. 2005-CA-0878,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 15, 2006, Opinion Filed
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Overview: Trial court properly granted Louisiana Professional Engineering and Land Surveying Board's exceptions pursuant to La. Code Civ. Proc. Ann. art. 561 and La. Rev. Stat. Ann. § 49:964(B), in suit brought by home inspector, because after three years case was abandoned, and matter had prescribed within 30 days of administrative decision.
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| State v. Cuccia, NO. 2005-KA-0807,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 15, 2006, Decided
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Overview: Sufficient evidence supported defendant's manslaughter conviction under La. Rev. Stat. Ann. § 14:31 where he struck the victim with a flashlight while attempting to retrieve drugs and jewelry she allegedly stole from him and pathologist testified that the blow caused bleeding in the victim's brain, resulting in a coma and her death 2 days later.
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| State v. Lawrence, No. 40,278-KA, No. 40,796-KA (Consolidated Cases),
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 15, 2006, Judgment Rendered
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Overview: Evidence found in defendant's car was properly admitted because the officer had reasonable suspicion to stop the car, and the search of the car for weapons was justified for the protection of the officers because the officer had information that guns were used in the robbery.
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