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1996 News Releases

News Release #076

FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 076

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The opinions handed down on the 2nd day of July, 1996 , are as follows:
 

BY CALOGERO, C.J. :

95-C - 1425 JAMES BILLY RAY FONTENOT, ET AL v. CHEVRON, U.S.A., INC., DANTZLER BOAT AND BARGE CO., ET AL (Parish of Orleans)

For the foregoing reasons, we reverse the decision of the court of appeal, reverse the trial court's granting of Aetna's summary judgment, and remand this matter to the trial court for further proceedings consistent with this opinion.

REVERSED, REMANDED TO THE DISTRICT COURT.

Because of the vacancy created by the resignation of Dennis, J., now a judge with the United States Court of Appeals for the Fifth Circuit, there was no justice designated "not on panel" under Rule IV, Part II, Section 3. The panel included Chief Justice Calogero and Justices Marcus, Watson, Lemmon, Kimball, Johnson and Victory.

LEMMON, J. - concurs and assigns reasons.

KIMBALL, J. - concurs in result and assigns reasons.

JOHNSON, J. - additionally concurs for the purpose of expressing that she would have appellants prevail for in her opinion maritime law, rather than state law, applies in this case.

VICTORY, J. - dissents and assigns reasons.

96-CC- 0055 CYRUS GARY, ET UX v. CAMDEN FIRE INSURANCE COMPANY, ET AL (Parish of Lafayette)

For the foregoing reasons, we reverse the decision of the court of appeal. The case is dismissed with prejudice.

REVERSED; DISMISSED WITH PREJUDICE.

BLEICH, J. - not on panel. Rule IV, Part 2, Section 3.

96-CC- 0700 ALLIANCE FOR AFFORDABLE ENERGY AND GARY L. GROESCH v. THE COUNCIL OF THE CITY OF NEW ORLEANS, SUZANNE HAIK TERRELL, OLIVER M. THOMAS, TROY CARTER, ROY GLAPION, ELLEN HAZEUR- DISTANCE PEGGY WILSON AND JAMES SINGLETON (Parish of Orleans)

For the foregoing reasons, the judgment of the district court refusing to enjoin the New Orleans City Council is affirmed.

DISTRICT COURT JUDGMENT AFFIRMED.

BLEICH, J. - not on panel. Rule IV, Part 2, Section 3.

WATSON, J. - dissents and will assign reasons. (Not out yet)

KIMBALL, J. - dissents.

JOHNSON, J. - concurs and assigns reasons. (Not out yet)

VICTORY, J. - dissents.
 

BY MARCUS, J. :

96-KK- 0107 STATE OF LOUISIANA v. EDWARD HAMILTON (Parish of Lafayette) (Armed Robbery)

For the reasons assigned, the judgment of the district court is reversed. Defendant is ordered released without bail. The case is remanded to the district court for further proceedings consistent with this opinion.

JOHNSON, J. - dissents.

VICTORY, J. - not on panel. Rule IV, Part 2, Section 3.

96-CA- 0345 GULF STATES UTILITIES COMPANY v. LOUISIANA PUBLIC SERVICE COMMISSION (Parish of East Baton Rouge)

For the reasons assigned, the judgment of the district court is reversed insofar as it affirms the commission's order on the issue of unbilled revenues and annualization adjustments. In all other respects, the judgment is affirmed. The case is remanded to the commission for further proceedings consistent with this opinion.

JOHNSON, J. - not on panel. Rule IV, Part 2, Section 3.
 

BY WATSON, J. :

94 -C - 2728 KATHLEEN ARCHON, ET AL v. UNION PACIFIC RAILROAD, ET AL

(Parish of Allen)

C/W

94-C - 2743 MELTON TRUCK LINES v. MISSOURI PACIFIC RAILROAD

(Parish of Allen)

ON REHEARING

For the foregoing reasons and the reasons assigned in the original opinion of this Court, the judgment of the Court of Appeal is affirmed.

AFFIRMED.

MARCUS, J. - dissents.

LEMMON, J. - concurs and assigns reasons.

KIMBALL, J. - dissents.

VICTORY, J. - dissents.

96-C - 0173 AVENUE PLAZA, L.L.C. v. SANDRA B. FALGOUST AND CARL CHASTANT, D/B/A CASAN SALON (Parish of Orleans)

Accordingly, the court of appeal judgment of October 26, 1995, is reversed, and the trial court's summary judgment is reinstated.

REVERSED; TRIAL COURT JUDGMENT REINSTATED.

JOHNSON, J. - recused.

LEMMON, J. - concurs and assigns reasons.

KIMBALL, J. - concurs for reasons assigned by Lemmon, J.
 

BY LEMMON, J . :

95-CA-2189 JODY W. MANUEL, STACEY P. FORET, BURKE G. PIERROTTI AND WENDELL J. MANUEL v. STATE OF LOUISIANA; HONORABLE EDWIN W. EDWARDS, GOVERNOR; RICHARD P. IEYOUB, ATTORNEY GENERAL; J. WILLIAM PUCHEU, DISTRICT ATTORNEY; AND TERRY PITRE, COMMISSIONER, LOUISIANA OFFICE OF ALCOHOL BEVERAGE CONTROL, DEPARTMENT OF REVENUE AND TAXATION (Parish of Evangeline)

ON REHEARING

For these reasons, the judgment of the trial court is reversed and plaintiffs' action is dismissed.

Justice E. Joseph Bleich participated in the decision on rehearing, having been elected to fill the vacancy created by the resignation of Justice James L. Dennis.

WATSON, J. not on panel. Rule IV, Part 2, Section 3.

MARCUS, J. - dissents and assigns reasons.

KIMBALL, J. - dissents and assigns reasons.

JOHNSON, J. - concurs in result.

BLEICH, J. - concurs and files additional reasons and subscribes to the majority opinion.
 

BY KIMBALL, J. :

95-C - 1395 JACQUELYN M. BYNUM v. CAPITAL CITY PRESS   (Office of Workers' Compensation)

The court of appeal properly affirmed the hearing officer's granting of defendant's exception of prescription.

AFFIRMED.

Because of the vacancy created by the resignation of Dennis, J., now a judge with the United States Court of Appeals for the Fifth Circuit, there was no justice designated "not on panel" under Rule IV, Part II, Section 3. The panel included Chief Justice Calogero and Justices Marcus, Watson, Lemmon, Kimball, Johnson and Victory.

CALOGERO, C.J. - dissents and assigns reasons. (Ed. Note: dissent dated 7/2/96, loaded 7/3/96)

WATSON, J. - concurs in the result.

JOHNSON, J. - dissents and assigns reasons.

95-C - 2075 RALPH CHEVALIER v. L. H. BOSSIER, INC.

We therefore reverse the court of appeal's award of full benefits to claimant from Bossier.

REVERSED

Because of the vacancy created by the resignation of Dennis, J., now a judge with the United States Court of Appeals for the Fifth Circuit, there was no justice designated "not on panel" under Rule IV, Part II, Section 3. The panel included Chief Justice Calogero and Justices Marcus, Watson, Lemmon, Kimball, Johnson and Victory.
 

BY JOHNSON, J. :

95-K - 0061 STATE OF LOUISIANA v. SYDNEY SMITH (Parish of Orleans)

For the reasons assigned, the Fourth Circuit's judgment is reversed and this case is remanded to the court of appeal to consider any remaining assignments of error consistent with the views expressed herein.

REVERSED AND REMANDED.

Because of the vacancy created by the resignation of Dennis, J., now a judge with the United States Court of Appeals for the Fifth Circuit, there was no justice designated "not on panel" under Rule IV, Part II, Section 3. The panel included Justice Johnson, Chief Justice Calogero and Justices Marcus, Watson, Lemmon, Kimball, and Victory.
 

BY VICTORY, J .

95-C - 1869 WILLIE SHELTON AND LUCY BRADFORD SHELTON v. CHRYSLER FIRST FINANCIAL SERVICES CORPORATION F/K/A FINANCE AMERICA, INC., LEO MCINTOSH AND LOUISIANA FINANCIAL ASSOCIATES (Parish of East Baton Rouge)

ON REHEARING

For the reasons stated herein, our per curiam opinion of November 13, 1995 is recalled, the judgment of the court of appeal is reversed and the trial court's judgment sustaining Chrysler's exception of prescription and dismissing plaintiffs' claim is reinstated.

REVERSED.

Because of the vacancy created by the resignation of Dennis, J., now a judge on the United States Court of Appeals for the Fifth Circuit, there was no justice designated "not on panel" under Rule IV, Part 2, Section 3. Panel included Chief Justice Calogero and Justices Marcus, Watson, Lemmon, Kimball, Johnson and Victory.

WATSON, J. - dissents.

LEMMON, J. - concurs in part and dissents in part, and assigns reasons.

JOHNSON, J. - dissents.

95-C - 2446 EDWARD D. MILSTEAD v. DIAMOND M OFFSHORE, INC., ET AL (Parish of Iberia)

For the reasons set forth above, we remand this case to the trial court for recalculation of the damages in a manner not inconsistent with this opinion. In all other respects the judgment of the court of appeal in favor of the plaintiff, Edward D. Milstead, is affirmed.

AFFIRMED IN PART; REVERSED IN PART; REMANDED.

Because of the vacancy created by the resignation of Dennis, J., now a judge on the United States Court of Appeals for the Fifth Circuit, there was no justice designated "not on panel" under Rule IV, Part II, Section 3. Panel included Chief Justice Calogero and Justices Marcus, Watson, Lemmon, Kimball, Johnson and Victory.

LEMMON, J. - subscribes to the opinion and assigns additional reasons.

KIMBALL, J. - concurs in part and dissents in part and assigns reasons.
 

BY BLEICH, J. :

95-KP- 2385 CLYDE STEWART v. STATE OF LOUISIANA (Parish of Orleans) (Second Degree Murder)

The petition for post-conviction relief is DISMISSED.

KIMBALL, J. - not on panel. Rule IV, Part 2, Section 3.

LEMMON, J. - concurs.

JOHNSON, J. - concurs in result.
 

PER CURIAM :

95-C - 3027 ALFRED NICHOLES, ET AL v. MOTORS INSURANCE CORPORATION, ANGELA FISHER AND WILLIAM FISHER (Parish of St. Helena)

We reinstate the First Circuit Court of Appeal judgment of June 29, 1992, and remand to the trial court for a determination of amounts owed in accordance with this decision.

CALOGERO, C.J. - not on panel. Rule IV, Part 2, Section 3.

 

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