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November 19, 2008
STATEMENT OF THE FACTS... On January 8, 2006, Robert West and three friends, Shawn Broussard, Jacobe Villery, and Vanity Archangel (West's fiancee), were driving around New Iberia in search of five dollars worth of marijuana. At the corner of Ann and Sam Streets, they encountered several people. When they pulled the car up to the curb, Brandon "B"Augustine approached the car, and Villery, who was familiar with Augustine from high school, told him they wanted to buy some marijuana....
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November 19, 2008
This case, which has been before this court on numerous occasions, arises out of the termination of the Copeland's of New Orleans (CNO) franchises in Lafayette, Louisiana, and Orlando, Florida. The issues of detrimental reliance and conversion against CNO, Al Copeland, and William Copeland were tried to a jury on December 4, 2006 to December 12, 2006. At the time of trial, the only remaining plaintiffs in the suit were BCM, LLC and Nawlins Kajun Foods, LLC. These entities were the franchisees....
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November 19, 2008
For the reasons expressed in the consolidated case of 08-355, Walter A. Glod, Jr., M.D. v. W. Gregory Baker, et al., (11/19/08), ____So.2d _____, the judgment of the trial court is affirmed, costs of this appeal are split half to the Copeland parties and half to BCM and Nawlins... AFFIRMED...
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November 19, 2008
For the reasons expressed in the consolidated case of 08-355, Walter A. Glod, Jr., M.D. v. W. Gregory Baker, et al., (11/19/08), ____So.2d _____, the judgment of the trial court is affirmed, costs of this appeal are split half to the Copeland parties and half to BCM and Nawlins... AFFIRMED...
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November 19, 2008
For the reasons expressed in the consolidated case of 08-355, Walter A. Glod, Jr., M.D. v. W. Gregory Baker, et al., (11/19/08), ____So.2d _____, the judgment of the trial court is affirmed, costs of this appeal are split half to the Copeland parties and half to BCM and Nawlins... AFFIRMED...
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November 19, 2008
FACTS AND PROCEDURAL HISTORY... Marenthia Nelson Allen used the identity of Mrs. Lori N. Boyd to purchase three motor vehicles from Musson-Patout Automotive Group and pled guilty to three counts of theft over $500.00. One of the vehicles fraudulently purchased by Mrs. Allen, a 2006 Chevrolet pickup truck, was driven by Mrs. Allen's husband, Felton Allen from the time it was purchased... Based on the fact that he drove the stolen vehicle, the State charged Mr. Allen by bill of information with...
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November 19, 2008
Defendant, Candice Malone, was convicted of second degree murder in violation of La. R.S. 14:30.1. She was sentenced to life imprisonment at hard labor without benefit of probation, parole, or suspension of sentence. Defendant now appeals, primarily claiming that she shot her boyfriend in self-defense. We affirm... Facts... Around noon on Sunday, March 4, 2007, defendant shot her boyfriend, Terrance Henderson, in the bedroom of his apartment in Springhill, Louisiana. The bullet struck the...
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November 19, 2008
The defendant, Vincent Leggio, appeals a judgment in favor of the plaintiff, Chase Bank USA, N.A. The trial court ordered defendant to pay damages in the amount of $8,632.29, confirming an arbitration award. For the following reasons, we reverse and render... FACTS... In June 2005, Vincent Leggio obtained a credit card account from Bank One. After this account went into default, Leggio was contacted by a debt collection firm claiming the right to collect on the Bank One account and demanding...
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November 19, 2008
In the early evening on June 22, 2005, Angela Hubbard and a friend, Lakesia Goldsberry, entered a Quiznos restaurant located in Monroe. Hubbard alleged that as she walked into the restaurant, she tripped on a wrinkled rug located at the entrance, and was injured when she fell... Hubbard filed suit on June 19, 2006, against the restaurant's owner, AP3 Investments, LLC d/b/a Quiznos Sub ("Quiznos"). Quiznos filed a motion for summary judgment in which it argued that Hubbard was unable to...
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November 19, 2008
The Caddo Parish School Board and its employees, Wanda Gunn, Diane Atkins and Margaret Brown,1 seek review of a dispositional judgment of the Caddo Parish Juvenile Court, ordering them to "determine an educational placement" for a minor child, C.T., Jr. For the reasons set forth herein, we reverse the trial court's ruling... FACTS... C.T., Sr. and D.T. have filed numerous Families in Need of Services ("FINS") complaints with regard to their minor son, C.T., Jr. On December 5,...
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November 14, 2008
Defendant, St. Clair Hills, was charged by bill of information with one count of second degree kidnapping, a violation of LSA-R.S. 14:44.1. Defendant entered a plea of not guilty and was tried before a jury. The jury determined that defendant was guilty. The State instituted habitual offender proceedings seeking to have defendant adjudicated as a second felony habitual offender. Following a hearing, the trial court adjudicated defendant a second felony habitual offender. Defendant was sentenced...
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November 14, 2008
The Office of Disciplinary Counsel ("ODC") commenced an investigation into allegations that respondent mishandled client and third-party funds. Prior to the institution of formal charges, respondent and the ODC submitted a joint petition for consent discipline. Having reviewed the petition,... IT IS ORDERED that the Petition for Consent Discipline be accepted and that William Ken Hawkins, Louisiana Bar Roll number 18941, be suspended from the practice of law for a period of one year....
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November 14, 2008
Plaintiffs-appellants, Vera Hutchinson and Michael Hutchinson, individually and on behalf of their minor children, (hereinafter collectively referred to as the "Hutchinsons"), appeal from the trial court's judgment granting a directed verdict in favor of defendant-appellee, Dr. Mark Hausmann, and dismissing, with prejudice, the Hutchinsons' claim of medical malpractice. For the reasons that follow, we affirm... According to the record, Vera Hutchinson was referred to Dr. Hausmann for...
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November 14, 2008
Claimant appeals from a judgment of the Office of Workers' Compensation Administration ("OWCA"), which awarded medical benefits, medical reimbursement, penalties and attorney fees in favor of claimant. Claimants employer and its insurer have filed a timely answer to the appeal. For the following reasons, we vacate the judgment in part, and render, and amend in part, and as amended, affirm the awards of medical benefits, medical reimbursement, penalties and attorney fees... FACTS......
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November 14, 2008
Plaintiff, Rachael Estelle Ourso, appeals the trial court's judgment sustaining the peremptory exception raising the objection of no cause of action filed by Wal-Mart Stores, Inc. and dismissing, with prejudice, the plaintiff's claims against defendant. We affirm... FACTUAL AND PROCEDURAL BACKGROUND... On February 27, 2006, Rachael Estelle Ourso (Ms. Ourso) was detained at the Wai-Mart store located in Port Allen, Louisiana, for shoplifting merchandise. Ms. Ourso alleges that she was...
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November 14, 2008
The threshold issue in this case is whether this is a workers' compensation case or an intentional tort case. The plaintiff filed suit asserting that he was the victim of an intentional act for purposes of the intentional act exclusion of the Workers' Compensation Act. The trial court granted a summary judgment in favor of the defendants and dismissed the suit. The plaintiff-appellant asserts that the trial court erred in granting a summary judgment on the issue of an intentional tort... On...
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November 14, 2008
This is an appeal from a judgment dismissing a motion to reduce an award of child support and imposing sanctions for filing the motion. For the reasons that follow, we vacate the trial court judgment and remand for additional proceedings... FACTS AND PROCEDURAL HISTORY... The parties in this case, Heidi Beaven Lavespere and Robbie Dean Lavespere, were married on October 5, 2001, and divorced by judgment signed July 20, 2005. One child was born of the marriage, Jacob Elijah "Eli"...
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November 14, 2008
In this case, plaintiff, an inmate in the custody of the Department of Public Safety and Corrections, challenges the trial court's judgment denying his petition to annul a previous judgment of the trial court whereby his request for judicial review was dismissed with prejudice. For the reasons that follow, we affirm... In the underlying request for judicial review, plaintiff sought review of Administrative Remedy Procedure No. LSP-2003-3946, concerning the reduction/taking of his incentive...
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November 14, 2008
The defendant, Willie Harmason, was charged by bill of information with possession of cocaine, a violation of La. R.S. 40:967(C). The defendant pled not guilty and, following a jury trial, he was found guilty as charged. The State subsequently filed a habitual offender bill of information, alleging the defendant to be a third felony habitual offender. At the sentencing hearing, the defendant admitted his prior allegations and stipulated to being a third felony habitual offender. The trial court...
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November 14, 2008
The defendant, D'Anthony Norman Ford, was charged by grand jury indictment with second degree murder (count one) and attempted second degree murder (count two), violations of La. R.S. 14:30.1 and La. R.S. 14:27. The defendant entered a plea of not guilty. After a trial by jury, the defendant was found guilty as charged as to count one, and guilty of aggravated battery (a violation of La. R.S. 14:34) as to count two. The trial court denied the defendant's motion for new trial. The defendant was...
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