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| Succession of Aguilera, CA 07-77,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, May 2, 2007, Decided
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Overview: After moving to Florida, decedent executed a new will in 2004. Decedent was domiciled in Florida. Thus, Florida court did not lack jurisdiction in admitting 2004 will to probate. Therefore, the more recent will in Florida barred an action in Louisiana under doctrine of res judicata, and trial court properly dismissed Louisiana probate proceedings.
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| Succession of Wood, 06-1651,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, May 2, 2007, Decided
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Overview: When a cash sale deed was a donation in disguise per La. Civ. Code Ann. art. 2444, an executor did not have standing to challenge it as he was not a forced heir; also, the donation was not a nullity that anybody could attack per La. Code Civ. Ann. art. 2030 as it was not illicit or immoral and the decedent could donate the property to his daughter.
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| Town of Haynesville, Inc. v. Entergy Corp., No. 42,019-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, May 2, 2007, Judgment Rendered
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Overview: A contract providing that an energy company was required to pay an increased franchise fee under certain circumstances was not ambiguous under La. Civ. Code Ann. art. 2046 merely because it did not provide for name or ownership changes; moreover, a subsidiary did not trigger the increased fee since there was no "single business entity."
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| Williams v. A-Jax Lumber Co., WCA 07-1,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, May 2, 2007, Decided
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Overview: Trial court erred in granting defendants' exception of res judicata in employee's workers' compensation action to procure reimbursement of cost of a functional capacity evaluation, which had been requested by two doctors, where defendants failed to introduce record from first suit; without such evidence, defendants failed in their burden of proof.
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| Wright v. Larson, No. 42,101-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, May 2, 2007, Judgment Rendered
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Overview: Court properly granted exception of prescription filed by employee of a trust company in brothers' action for fraud and negligence where brothers did not file their action until five and one-half years later than time provided by La. Rev. Stat. Ann. § 9:2234(C); brothers should have been more involved in protecting their interests as beneficiaries.
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| Wyble v. Acadiana Preparatory Sch., 07-0091,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, May 2, 2007, Decided
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Overview: Former employee's award of workers' compensation benefits was upheld because, inter alia, it was not error to find that an accident occurred under La. Rev. Stat. Ann. § 23:1021(1) since it was immaterial that the actions that gave rise to the injury were benign, everyday activities; employer's failure to pay benefits warranted penalties.
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