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| Aymond v. Dupree, 05-1248,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 12, 2006, Opinion Rendered
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Overview: Where the former attorney filed a defamation suit against the commissioner for a communication regarding his decision to terminate the attorney's position with the water district, the trial court proper granted the commissioner's special motion to strike pursuant to La. Code Civ. Proc. Ann. art. 971. The suit arose from the exercise of free speech.
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| Bank One, NA v. Dunn, No. 40,718-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 12, 2006, Judgment Rendered
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Overview: Trial court did not err in granting summary judgment to bank in its suit against customer, who had been a victim of a "Nigerian fraud scheme," for $ 281,019 customer owed and customer's liability was not diminished pursuant to La. Rev. Stat. Ann. §§ 10:4-202, 10:4-214, and 10:4-103(e), because of bank's delay in notifying him check was counterfeit.
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| Carrion v. Sandifer, No. 40,880-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 12, 2006, Judgment Rendered
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Overview: To add good faith exception to La. Rev. Stat. Ann. § 32:866A(1), the "no pay, no play" statute, while equitable on instant facts due to insurance broker misconduct, struck appellate court as policy decision best left to legislature and trial court did not err in holding motorist failed to own or maintain compulsory motor vehicle liability security.
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| Coffman v. Coffman, No. 40,992-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 12, 2006, Judgment Rendered
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Overview: Judgment awarding a wife interim spousal support was vacated as the trial judge asked all of the questions of the witnesses and the husband's attorney made several requests during the hearing to cross-examine the wife, but was not given an opportunity to do so as required by La. Code Evid. Ann. art. 611.
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| Colvin v. La. Patients Comp. Oversight Bd., No. 40,903-CA, No. 40,904-CA (Consolidated Cases),
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 12, 2006, Judgment Rendered
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Overview: Appellate court reversed a trial court's grant of a Board's exception of improper venue because under La. Rev. Stat. Ann. § 13:5104 in plaintiffs' action for negligence against the Board, the cause of action arose where they sustained damages which was the parish where the action was originally filed.
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| Durden v. Plaquemines Parish Gov't, NO. 2005-CA-1373,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, April 12, 2006, Decided
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Overview: Considering the serious nature of the employee's actions, the Parish acted reasonably and with sufficient legal cause in terminating the employee pursuant to La. Const. art. X, § 12. Accordingly, the Civil Service Commission acted arbitrarily by reinstating the employee to employment.
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| Harris v. Poche, NO. 2005-CA-0664,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, April 12, 2006, Decided
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Overview: Damages were properly awarded to plaintiffs in their action against listing agent and a real estate agency for violation of the Louisiana Unfair Trade Practices and Consumer Protection Law, La. Rev. Stat. Ann. § 51:1401 et seq., where evidence showed that listing agent rejected an offer by plaintiffs while accepting another offer for $ 10,000 less.
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| Holden v. Bossier, No. 40,928-WCA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 12, 2006, Judgment Rendered
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Overview: Where claimant and counsel had not received notice of trial of workers' compensation claim and it was dismissed with prejudice, the situation was governed by La. Admin. Code tit. 40, § I.5705, special provision of OWC hearing rules, which, inter alia, allowed claimant to apply for reinstatement within 30 days of judgment.
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| Knowlton v. Knowlton, No. 40,931-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 12, 2006, Judgment Rendered
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Overview: Court did not err in finding under La. Civ. Code Ann. art. 131 it was in daughters' best interests to remain with father; although 14 year old had difficulties, she had frequent contact with her mother, and nothing suggested her parents were unable to work together to provide her with consistent love, attention, and discipline to address her needs.
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| McCormick v. Harrison, No. 40,958-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 12, 2006, Judgment Rendered
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Overview: Trial court did not err in finding servitude held by horse trainer was, pursuant to La. Civ. Code Ann. arts. 533, 534, 639, a personal servitude because of use of terms "vendor" and "vendee" in deed and that it was still in existence and he was entitled to continue to use track as long as he paid owner $ 100 per month, in advance, for use of track.
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