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   State Courts - Louisiana - April 26, 2006

  
AWC, Inc. v. CSF Constr., Inc., NO. 2005-CA-0865, COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, April 26, 2006, Decided
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Overview: Judgment for buyer was affirmed as purchase order referred on its face to additional terms on reverse and seller was put on notice that buyer intended to incorporate additional terms listed on reverse of purchase order, including provision shifting burden of paying sales taxes defined in La. Rev. Stat. Ann. § 47:301(4) to seller.

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Arrington v. Arrington, No. 41,012-CA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 26, 2006, Judgment Rendered
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Overview: Trial court erred in finding the mother in contempt under La. Code Civ. Proc. Ann. art. 224 for violating a gag order because her letters to family and friends did not repeat any of her prior allegations of domestic abuse against the father which were found to be untrue and were the basis for the original sealing of record and prior contempt order.

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Funderburk v. Nabors Drilling USA, Inc., 05-1119, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 26, 2006, Opinion Rendered
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Overview: Workers' compensation judge erred in finding that claimant was no longer entitled to indemnity or medical benefits. Pursuant to La. Rev. Stat. Ann. § 23:1221(1)(c), claimant had carried his burden of proving that he was still temporarily, totally disabled; all of the diagnostic tests revealed that claimant had protruding discs at multiple levels.

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Green v. Spriggs, 05-1105, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 26, 2006, Opinion Rendered
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Overview: Trial court did not abuse its discretion under La. Code Civ. Proc. Ann. art. 1551 when it excluded a doctor's report pertaining to mental anguish appellant suffered due to disfiguring scars caused by glass broken during vehicular accident and all photographs of her scarring; both were untimely submitted and violated the court's scheduling order.

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Long v. Hutchins, No. 40,548-CA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 26, 2006, Judgment Rendered
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Overview: After finding appellant guilty of civil contempt, his sentence of determinate sentence of 120 days imprisonment, pursuant to La. Rev. Stat. Ann. § 13:4611(1)(b), for violating restraining order, was clearly criminal in nature and was reversed; he was exposed to maximum penalty and had not been advised of or provided with constitutional safeguards.

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Myers v. Myers, NO. 2004-CA-2120, COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, April 26, 2006, Decided
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Overview: A special master's use of a forensic accountant to determine income of former spouses in relation to a motion to modify child support did not violate the Daubert standard under La. Code Evid. Ann. art. 702 because no authority was presented to support the assertion that the methodology was not used by reasonable professionals.

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Slaughter v. ARCO Chem. Co., NO. 2005-CA-0657, COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, April 26, 2006, Decided
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Overview: In a state tax collection action against a chemical company, the state's claim for attorney's fees on the grounds of abandonment for non-prosecution under La. Code Civ. Proc. Ann. art. 561 was properly dismissed because the company's acceptance of a tax refund check from the state did not constitute an acknowledgement or renunciation of its debt.

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State v. Hall, No. 40,824-KA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 26, 2006, Judgment Rendered
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Overview: Any rational trier of fact could have found essential elements of unauthorized entry of a place of business, La. Rev. Stat. Ann. § 14:62.4, proven beyond a reasonable doubt because at least three of State's witnesses testified that the fence enclosing the business was at least six feet tall, and the trial judge apparently believed those witnesses.

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State v. Herron, KA06-317, COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 26, 2006, Opinion Rendered
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Overview: Defendant's appeal of order denying his motion to vacate and set aside his sentence and to withdraw his guilty plea was dismissed and case was remanded where he did not file his motion for appeal within time provided by La. Code Crim. Proc. Ann. art. 914; he had to obtain reinstatement of right to appeal by an application for postconviction relief.

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State v. Williams, No. 40,866-KA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 26, 2006, Judgment Rendered
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Overview: Defendant argued on appeal, and the State conceded, that his three previous convictions arising from guilty pleas entered on same day should have counted as only one conviction under La. Rev. Stat. Ann. § 15:529.1 for habitual offender purposes; defendant was thus a third felony offender and his adjudication as a fifth felony offender was amended.

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