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| Burns v. Harris, No. 41,881-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, May 23, 2007, Judgment Rendered
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Overview: A finding against the successor-in-interest was improper because redemption was neither timely nor properly initiated and the daughter should not have been allowed to complete redemption at a late date. Allowing redemption at that late date would have violated the strong policies favoring the protection of land titles.
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| Cipriano v. Pulitzer, NO. 2007-CA-0010,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, May 23, 2007, Decided
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Overview: Court erred in maintaining defendant's exception of prescription in plaintiff's personal injury suit where for at least one day following Hurricane Katrina, all courts of jurisdiction over plaintiff's suit were closed and unavailable to litigants; hence, plaintiff's suit was filed timely pursuant to literal language of La. Civ. Code Ann. art. 3472.
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| DCDB Mgmt., L.L.C. v. Bennett, NO. 2005-CA-1084,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, May 23, 2007, Decided
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Overview: Trial court erred in awarding summary judgment to a purchaser of real property in its action against seller for recission of sale and return of purchase price on ground that the property was not in compliance with zoning laws where there was sufficient conflict in the documentation between the parties that created a genuine issue of material fact.
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| Dumachest v. Allen, 06-1614,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, May 23, 2007, Decided
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Overview: Court did not err in sustaining trucking company's declinatory exception of lack of personal jurisdiction under La. Rev. Stat. Ann. § 13:3201; inter alia, the accident did not occur in Louisiana, company did not conduct its business in Louisiana, therefore, it could not reasonably expect to be sued in Louisiana, or defend itself in Louisiana court.
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| Igwike v. Mem'l Med. Ctr., NO. 2006-CA-0167,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, May 23, 2007, Decided
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Overview: A request for a medical review panel in a medical malpractice claim was properly denied because an in forma pauperis affidavit under La. Code Civ. Proc. Ann. art. 5181 was not received by the Louisiana Patient Compensation Fund in the 45-day time limit under La. Rev. Stat. Ann. § 40:1299.47(A)(1)(c)-(d).
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| Jett v. Jett, 06-1648,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, May 23, 2007, Decided
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Overview: Trial court erred when it held that wife was only entitled to 20.9% of husband's retirement at his pay scale as a master trooper not as a lieutenant because the increase was community property as it was cumulative training which husband underwent during years of his employment which qualified him for promotions as opposed to any extraordinary act.
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| Kester v. Zapata Gulf Pac., L.L.C., NO. 2006-CA-0973,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, May 23, 2007, Decided
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Overview: In an indemnification case, an owner of a vessel should not have been ordered to pay maintenance and cure for an employee's back and neck injury after December 3, 2001; this was the date of maximum medical improvement. Moreover, there was no causal connection shown between eye care expenses and an accident.
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| Lloyd ex rel. Legaux v. Williams, NO. 2007-CA-0004,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, May 23, 2007, Decided
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Overview: Court did not err in sustaining school board's exception of prescription in mother's suit that was brought after her child was injured during an altercation with student because in mother's original action in city court, she served board after prescriptive period had ended; hence, prescription was not interrupted under La. Civ. Code Ann. art. 3462.
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| McElrath v. Dep't of Police, NO. 2006-CA-1288,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, May 23, 2007, Decided
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Overview: Civil service commission did not err in upholding police department's 45-day suspension of sergeant and 30-day suspension of his son as, although officers' actions in leaving their post for two days to search for their family was understandable, they violated the superintendent's "Activation Status" instituted in anticipation of Hurricane Katrina.
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