William H. Byrnes

The case involved three brothers who each inherited equal shares of property from their father as co-owners in indivision. Two brothers petitioned for judicial partition by sale of the property at a civil sheriff's sale, along with reimbursement for taxes paid, while the third brother contested the partition and sale on multiple procedural and substantive grounds including improper service, lack of notice of hearings and judgments, mental incompetence of one co-owner, recusal of the trial judge, and low minimum bid. The court denied the relator's requests to proceed in forma pauperis, for a stay order, and to enjoin the sale, affirming the trial court's judgments because judicial partition by licitation is authorized under Louisiana Civil Code articles when co-owners cannot agree on a nonjudicial partition, the relator failed to provide sufficient evidence of indigence or other claims warranting relief, and the trial court did not abuse its discretion.

family lawpropertyprocedure

In State v. Lebreton, the defendant was indicted on multiple counts of aggravated rape, aggravated kidnapping, and aggravated crime against nature based on separate attacks against three victims in New Orleans. Following a bench trial, the trial court convicted him on all counts, found him competent to proceed after psychiatric evaluations, denied various defense motions including those to suppress evidence and to sever offenses, and imposed six concurrent life sentences plus additional concurrent fifteen-year terms. On appeal, the Louisiana Fourth Circuit Court of Appeal affirmed the convictions and sentences, holding that the evidence was sufficient, procedural requirements including competency hearings and DNA testing were satisfied without prejudice to the defendant, and the sentences complied with statutory guidelines and did not shock the conscience.

criminal lawprocedure

The case involved a dispute over title to several pieces of real property in New Orleans, where plaintiff Beatrice Kaufman alleged that recorded documents purporting to transfer the properties to defendant Frances Cleaton were forgeries. The trial court granted summary judgment for the plaintiff, declaring the documents invalid and restoring title based on an affidavit from the purported notary confirming the signatures and recordings were fraudulent. On appeal, the Louisiana Fourth Circuit reversed and remanded, holding that the plaintiff's 1999 bankruptcy petition—listing no real property assets—created a genuine issue of material fact as to whether the transfers were intended and genuine despite the forgeries. The court noted that the defendant had acknowledged the notary's signature was forged and that she had recorded the documents, but the bankruptcy filings raised unresolved questions about the plaintiff's own signatures and intent that precluded summary judgment.

propertyprocedure

In State v. Keller, the State appealed the trial court's grant of the defendant's motion to quash a bill of information charging him with possession of marijuana, second offense, after the State had entered a nolle prosequi when denied a continuance and then reinstituted the case two days later. The Court of Appeal of Louisiana, Fourth Circuit, reversed the trial court's ruling. The court held that the six-and-a-half-month delay from the original filing to the quash ruling did not violate the defendant's constitutional right to a speedy trial under the Barker v. Wingo factors, as the length of delay was not presumptively prejudicial, the State acted within its statutory authority under the Code of Criminal Procedure to dismiss and reinstitute charges within six months, and the defendant had not asserted his speedy trial right or shown prejudice. The court noted that statutory time limits for bringing a non-capital felony to trial had not been exceeded.

criminal lawprocedure

In Saacks v. Mohawk Carpet Corp., the plaintiff sued her former employer after being terminated from her position as a territorial manager, claiming that her offer letter constituted a fixed-term employment contract guaranteeing her salary through December 2001. The trial court agreed, awarding her past wages, penalty wages, and attorney's fees, and the Court of Appeal of Louisiana, Fourth Circuit, affirmed this judgment. The court reasoned that the compensation clause specifying a guaranteed salary through a set date established a limited-duration contract under Louisiana law, rather than an at-will employment arrangement, obligating the employer to pay for the remaining term upon termination without cause. The appellate court found no manifest error in the trial court's factual findings or legal conclusions regarding the contract's nature and the assessment of penalties.

labor & employmentbusiness & regulatory

The case involved a plaintiff who filed suit in Louisiana state court seeking damages for injuries from a May 2001 car accident but delayed requesting service of process on the driver, vehicle owner, and insurer until more than 90 days after filing. The defendants raised exceptions for insufficient service and prescription, which the trial court denied. On writ review, the Court of Appeal reversed the denial of the service exception, holding that the plaintiff's reliance on informal negotiations with the insurer's adjuster did not constitute good cause under La. C.C.P. arts. 1201(C) and 1672(C) to excuse the untimely service request, and therefore dismissed the action without prejudice. The court affirmed the denial of the prescription exception, finding no evidence of bad faith that would prevent interruption of prescription under La. R.S. 9:5801. The decision turned on strict application of the statutory service deadlines and the distinction between good cause and bad faith standards.

proceduretorts & liability