cited rule in Louisiana

2015In State ex rel T.F., 98-3033 (La.App. 4 Cir. 4/1/99) , 732 So.2d 125, 127 , this Court cited the standard set forth in State v. Bourque, 622 So.2d 198 (La.1993): The defendant did not present any evidence tending to show a personal interest on behalf of the entire district attorney’s office, which would threaten the fair and impartial administration of justice. ‘The mere presence of a victim’s relative in the district attorney’s office does not support a finding of recusal.’ [Citation omitted] The record shows that the defendant in the instant case is a career criminal with prior convictions

2000T.F., 98-3033 (La.App. 4 Cir. 4/1/99) , 732 So.2d 125, 127 , this Court cited the standard set forth in State v. Bourque, 622 So.2d 198 (La.1993): The defendant did not present any evidence tending to show a personal interest on behalf of the entire district attorney’s office, which would threaten the fair and impartial administration of justice. ‘The mere presence of a victim’s relative in the district attorney’s office does not support a finding of recusal.’ [Citation omitted] The record shows that the defendant in the instant case is a career criminal with prior convictions for purse snatch

2015In State ex rel T.F., 98-3033 (La.App. 4 Cir. 4/1/99) , 732 So.2d 125, 127 , this Court cited the standard set forth in State v. Bourque, 622 So.2d 198 (La.1993): The defendant did not present any evidence tending to show a personal interest on behalf of the entire district attorney’s office, which would threaten the fair and impartial administration of justice. ‘The mere presence of a victim’s relative in the district attorney’s office does not support a finding of recusal.’ [Citation omitted] The record shows that the defendant in the instant case is a career criminal with prior convictions

2015In State ex rel T.F., 98-3033 (La.App. 4 Cir. 4/1/99) , 732 So.2d 125, 127 , this Court cited the standard set forth in State v. Bourque, 622 So.2d 198 (La.1993): The defendant did not present any evidence tending to show a personal interest on behalf of the entire district attorney’s office, which would threaten the fair and impartial administration of justice. ‘The mere presence of a victim’s relative in the district attorney’s office does not support a finding of recusal.’ [Citation omitted] The record shows that the defendant in the instant case is a career criminal with prior convictions

1971In the case of East Carroll Grain Co-op Association v. Hardey, La.App., 152 So.2d 572 , the court adhered to the above cited rule and said: “Confronted with a case in which one of the parties testifies ‘yes’ and the other party 'testifies W, where there is no reflection upon the credibility of either, and where the surrounding circumstances fail to weight the scale in favor of one and against the other, a court has no alternative except to reject the demands of the party upon whom rests the burden for their establishment. * * *” The findings of the Trial Judge are in keeping with the above cit

1970In that case, the court said: “This is flatly denied by Coyle, and, there being nothing to corroborate Howard, and assuming that the parties are of equal credibility and the burden of proof being on Howard, the statement must be regarded as not proven under the well-established rules of evidence.” In East Carroll Grain Co-op Association v. Hardey, La.App., 152 So.2d 572 , the court adhered to the above cited rule and said: “Confronted with a case in which one of the parties testified ‘yes’ and the other party testified ‘no’, where there is no reflection upon the credibility of either, and wher

2014CONCLUSION: Recently, the Louisiana Supreme Court explained “since the public puts its trust in the police department as a guardian of its safety, it is essential the ^appointing authority be allowed to establish and enforce the appropriate standards of conduct for its employees who are sworn to uphold that trust.” Regis v. Dep’t of Police, 13-1124, p. 3 (La.6/28/13), 121 So.3d 665, 666 .

2011Batiste, 06-0875, p. 8, 947 So.2d at 814-815 .

2006DISCUSSION In Bryant v. Newman, 39,437 (La.App.2d Cir.4/20/05), 900 So.2d 343, 348 , this court cited the standard set out in Rosell v. ESCO, 549 So.2d 840, 844-845 , (La. 1989), which is appropriate in this dispute: It is well settled that a court of appeal may not set aside a trial court’s or a jury’s finding of fact in the absence of “manifest error” or unless it is “clearly wrong,” and where there is conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review, even though the appellate court may feel that its own ev

2006DISCUSSION In Bryant v. Newman, 39,437 (La.App.2d Cir.4/20/05), 900 So.2d 343, 348 , this court cited the standard set out in Rosell v. ESCO, 549 So.2d 840, 844-845 , (La. 1989), which is appropriate in this dispute: It is well settled that a court of appeal may not set aside a trial court’s or a jury’s finding of fact in the absence of “manifest error” or unless it is “clearly wrong,” and where there is conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review, even though the appellate court may feel that its own ev

2001When one defendant claimed abandonment for lack of prosecution as to one of the suits, this court cited the rule of Delta Development Company, Inc. v. Jurgens, supra , that, when any party to a lawsuit takes formal action in the trial court, it interrupts abandonment as to all parties.

1993The case of Harris v. Trustees of Louisiana Public Facilities Authority, 356 So.2d 1039 , (La.App. 1st Cir. 1977), Rehearing Denied, citing Bertrand, held that the LPFA is a "public corporation." The court cited the analysis of the trial court as to the nature of LPFA: "It is clear that a public trust authority created under the Public Trust Act is neither a political subdivision of the State nor a municipal corporation.

1992Franklin v. State Farm Fire & Casualty Co., 488 So.2d 773 (La.App. 3 Cir.1986).

1988In Dunlap v. Red River Waterway Commission, 405 So.2d 655 (La.App. 3rd Cir.1981), writs denied, 409 So.2d 651 and 410 So.2d 761 (La.1982), the court went a step further by stating that the purchaser has a duty to investigate the vendor's title in order to determine the extent of an apparent servitude.

1988The court later cited the exception to the above stated rule as follows: "An exception to the rule is recognized, however, regarding an alleged eviction resulting from the existence of an apparent servitude on the property ..." Id. at 879 .

1988In Dunlap v. Red River Waterway Commission, 405 So.2d 655 (La.App. 3rd Cir.1981), writs denied, 409 So.2d 651 and 410 So.2d 761 (La.1982), the court went a step further by stating that the purchaser has a duty to investigate the vendor's title in order to determine the extent of an apparent servitude.

1988In Dunlap v. Red River Waterway Commission, 405 So.2d 655 (La.App. 3rd Cir.1981), writs denied, 409 So.2d 651 and 410 So.2d 761 (La.1982), the court went a step further by stating that the purchaser has a duty to investigate the vendor's title in order to determine the extent of an apparent servitude.

1986A continuing guaranty (or contract of suretyship) usually relates "to a future liability of the principal, under successive transactions, which either continue his liability or from time to time renew it after it has been satisfied." Black's Law Dictionary, 5th Ed. (1979); Boyle v. Fringe Facts, Inc., 414 So.2d 1333 (La.App.2d Cir.1982).

1986The court cited the standard set forth in U.S. v. Pierce, 561 F.2d 735 (9th Cir.1977), cert denied 435 U.S. 923 , 98 S.Ct. 1486 , 55 L.Ed.2d 516 (1978) to determine whether a condition of probation was reasonably related to rehabilitation.

1986The court cited the standard set forth in U.S. v. Pierce, 561 F.2d 735 (9th Cir.1977), cert denied 435 U.S. 923 , 98 S.Ct. 1486 , 55 L.Ed.2d 516 (1978) to determine whether a condition of probation was reasonably related to rehabilitation.

1986The court cited the standard set forth in U.S. v. Pierce, 561 F.2d 735 (9th Cir.1977), cert denied 435 U.S. 923 , 98 S.Ct. 1486 , 55 L.Ed.2d 516 (1978) to determine whether a condition of probation was reasonably related to rehabilitation.

1982The Court went on to state, however, that "The burden of proof is on the plaintiff to show the defendant agent agreed to provide the coverage." The Court cited Arceneaux v. Bellard, 149 So.2d 444 (La.App. 3rd Cir. 1963).

1981Co. of North America, 342 So.2d 591 (La.1977); Lindsey v. H.

1975Both parties to this litigation cite and rely upon Monsanto Chemical Company v. Southern Natural Gas Company, 234 La. 939 , 102 So.2d 223 (1958).

1975Both parties to this litigation cite and rely upon Monsanto Chemical Company v. Southern Natural Gas Company, 234 La. 939 , 102 So.2d 223 (1958).

1973In support of plaintiff’s contention, counsel for plaintiff cites De-Frances Marble and Tile Company v. Coxe, La.App., 148 So.2d 83 , wherein the court said: “There is no public policy which prohibits the surety company from voluntarily contracting to pay claims of unpaid workmen or furnishers of supplies more than one year or as in this case specifically within two years from the date of the furnishing of such material or performance of work.

1971It was held in Keene v. McEntyre, La.App., 139 So.2d 811 , that the plaintiff in a suit for a money judgment has the burden of establishing his case by a preponderance of the evidence in order to be entitled to a judgment.

1969While the cited rule of Miller, Lyon and Co. v. Cappel, 36 La.Ann. 264 , is leading law in the case of order notes, it is also settled that a note payable to bearer, and not restrictively endorsed or paid, is transferred by mere delivery and authentic evidence of this transfer is not necessary to foreclosure by executory process.