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| In re Reynolds, NO. 07-B-0825,
SUPREME COURT OF LOUISIANA, May 9, 2007, Decided
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| Jefferson v. Crowell, No. 42,177-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, May 9, 2007, Judgment Rendered
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Overview: Denial of damages for an alleged tortious conversion of a vehicle was affirmed because the action had prescribed pursuant to the one-year prescriptive period under La. Civ. Code Ann. art. 3492, when plaintiffs had actual knowledge of the alleged conversion on April 30, 2004, and the lawsuit was not filed until June 23, 2005.
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| Kuehn v. F.D.H. Dev., Inc., 07-64,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, May 9, 2007, Decided
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Overview: Appeal of trial court's ruling denying mandatory injunction would be waste of judicial resources; instead, appeal should await determination of the amount of money damages complainant was entitled to. Also, review of trial court's ruling denying exception of failure to join proper parties was inappropriate. Thus, appeal was dismissed as premature.
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| Mayo v. Henson, No. 42,250-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, May 9, 2007, Judgment Rendered
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Overview: Under La. Civ. Code Ann. art. 134 factors, court did not err in designating mother as domiciliary parent; although she had a history of alcohol abuse, father's drug abuse came to light during suit and decision to leave custody of child primarily with mother ultimately rested on the strength of her care and rearing of the child since child's birth.
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| McCoy v. Liberty Mut. Life Ins., No. 42,118-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, May 9, 2007, Judgment Rendered
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Overview: In suit filed by contractor who fell down a flight of temporary stairs while working at home construction site, court did not err in granting summary judgment to homeowners and framing contractor finding the temporary flight of stairs did not create an actionable hazard as risk to injured contractor was "typically associated" with such job sites.
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| McLaurin v. Clemons, No. 42,129-CA, No. 42,130-CA (Consolidated Cases),
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, May 9, 2007, Judgment Rendered
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Overview: Regarding the division of property in a divorce, under La. Civ. Code Ann. arts. 2360, 2365, and 2369.3, the husband was entitled to reimbursement for the use of his separate property to pay mortgage payments and insurance premiums on a commercial building because the debt remained a community obligation since he prudently refinanced the loan.
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| Pietsch v. Farmer, No. 42,172-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, May 9, 2007, Judgment Rendered
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Overview: Summary judgment was properly awarded to an insurer and an insurance company in parents' suit for exemplary damages on ground that driver's intoxication at time of accident was cause of their daughter's injuries where insurer and insurance company were not liable beyond their policy limits for exemplary damages under La. Civ. Code Ann. art. 2315.4.
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| Shelvin v. Intralox, L.L.C., NO. 2006-CA-1418,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, May 9, 2007, Decided
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Overview: In a workers' compensation case, a claim of prescription was not heard on appellate review since no motion for such was filed under La. Code Civ. Proc. Ann. art. 2163; it was not enough to merely mention the topic. Further, there was nothing to corroborate a claim that a back injury was caused by a work-related accident.
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| Spencer v. James, No. 42,168-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, May 9, 2007, Judgment Rendered
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Overview: A default judgment was properly confirmed under La. Code Civ. Proc. Ann. art. 1702 because several purchasers were unable to meet their burden of proving that the necessary notice of delinquency was sent to a taxpayer prior to the sale of her property; there was no proces verbal under La. Rev. Stat. Ann. § 47:2180(B).
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