Louisiana Supreme Court - 400 Royal St., New Orleans, LA 70130 | Tel: 504-310-2300 Hon. Bernette J. Johnson. Chief Justice.  John Tarlton Olivier., Clerk of Court.  Sandra A. Vujnovich. Judicial Administrator
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 2003 News Releases

News Release #005

FOR IMMEDIATE NEWS RELEASE  


NEWS RELEASE # 005


FROM: CLERK OF SUPREME COURT OF LOUISIANA



The Opinions handed down on the 28th day of January, 2003, are as follows:


BY CALOGERO, C.J.:
2002-C- 0665 INDUSTRIAL COMPANIES, INC. v. JAMES E. DURBIN , BERKLEY R. DURBIN, DURBIN, DURBIN & DURBIN, L.L.C. AND ALL SOUTH TITLE, INC.
(Parish of Livingston)
In summary, we find that the district court improperly granted the peremptory exceptions of no cause of action and no right of action filed by the defendants, and that the appellate court properly reversed the district court's judgment granting the exception. Accordingly, the court of appeal decision reversing the district court is affirmed on those issues. For the reasons explained above, Industrial has stated both a cause of action and a right of action against the defendants. However, the appellate court erred in granting the exception of non-joinder of an indispensable party. The judgment concerning that issue is reversed. The case is remanded to the district court for further proceedings consistent with this opinion.
AFFIRMED IN PART;
REVERSED IN PART;
REMANDED TO DISTRICT COURT.

KIMBALL, J., dissents and assigns reasons.
JOHNSON, J., dissents.
KNOLL, J., dissents for reasons assigned by Justice Kimball.



BY KIMBALL, J.:
2001-C- 2767 JIMMY AND BRENDA BONNETTE, ET AL. v. CONOCO, INC. , ET AL. (Parish of Calcasieu)
For the foregoing reasons, we reverse those portions of judgment of the court of appeal that affirm the trial court's awards of damages for "physical injury and an increased risk of developing asbestos related cancer," "past, present, and future mental anguish," and "punitive damages." That portion of the judgment of the court of appeal that affirms the trial court's awards for "property damage" is affirmed.
AFFIRMED IN PART AND REVERSED IN PART.

Retired Justice Walter F. Marcus, Jr., assigned as Justice ad hoc, sitting for Associate Justice Jeanette T. Knoll, recused.

JOHNSON, J., concurs in part, dissents in part and assigns reasons.


2002-CC- 0670 CHARLENE MILLER INDIVIDUALLY AND ON BEHALF OF HER
MINOR CHILDREN v. MATTHEW & SHIRLEY MARTIN,
DEPARTMENT OF SOCIAL SERVICES, STATE OF LOUISIANA AND METHODIST HOME FOR CHILDREN (Parish of Jefferson)
For this reason, we reverse the court of appeal's judgment insofar as it grants the Department's motion for summary judgment on the issue of whether vicarious liability is applicable to this case.
The judgment of the trial court is reinstated, and the case is remanded to the trial court for further proceedings consistent with this opinion.
REVERSED.

VICTORY, J., dissents and assigns reasons.
WEIMER, J., dissents for the reasons assigned by Justice Victory.



BY JOHNSON, J.:

2002-CJ- 2089 STATE OF LOUISIANA IN THE INTEREST OF J.M., J.P.M. AND M.M. (Parish of Iberia)
Therefore, the court of appeal's decision is hereby reversed, and the trial court's ruling, terminating the parental rights of S.M., is reinstated.



BY VICTORY, J.:

2002-O- 1661 IN RE: JUDGE PERRELL FUSELIER OAKDALE CITY COURT
(Judiciary Commission of Louisiana)
For the reasons stated herein, it is ordered that Judge Perrell Fuselier of the City Court of Oakdale, State of Louisiana, be suspended from judicial office for one hundred and twenty (120) days without pay. It is further ordered that Judge Perrell Fuselier be ordered to reimburse and pay to the Judiciary Commission costs in the amount of $8,862.42 incurred in the investigation and prosecution of his case, pursuant to Supreme Court Rule XXIII, Section 22.

KIMBALL, J., dissents and would impose greater discipline.
JOHNSON, J., dissents and assigns reasons.
WEIMER, J., concurs in part and dissents in part and assigns reasons.


BY KNOLL, J.:

2002-CC- 1071 MICHAEL SMITH v. SOUTHERN HOLDING, INC., ET AL. (Office Of
Workers' Compensation District 8)
For the above and foregoing reasons, the judgments of the OWC and the court of appeal are affirmed.
AFFIRMED.

CALOGERO, C.J., concurs and assigns reasons.
VICTORY, J., dissents and assigns reasons.
TRAYLOR, J., dissents and assigns reasons.
WEIMER, J., dissents and will assign reasons.

PER CURIAM:

2001-K- 2298 STATE OF LOUISIANA v. TERRANCE BEDFORD (Parish of St. Tammany)
(Distribution of Cocaine)
We therefore vacate the defendant's conviction and sentence for violation of R.S. 40:981.3, and enter a judgment of conviction of distribution of cocaine in violation of La.R.S. 40:967(A)(1). See La. C.Cr.P. art. 821(E) (reviewing court may modify verdict and render judgment of conviction on lesser included responsive offense). This case is remanded to the district court for resentencing.
DECISION OF THE COURT OF APPEAL REVERSED; DEFENDANT'S CONVICTION REDUCED TO DISTRIBUTION OF COCAINE IN VIOLATION OF La. R.S. 40:966(A)(1) AND HIS SENTENCE VACATED; THIS CASE IS REMANDED TO THE DISTRICT COURT FOR RESENTENCING.

VICTORY, J., dissents with reasons.
TRAYLOR, J., dissents.



2001-KK- 3193 STATE OF LOUISIANA v. JESSIE HAYES (Parish of Calcasieu)
(Theft of Various Items Over $500.00)
Calcasieu Parish is therefore the appropriate venue for the state in which to prosecute this particular crime against the property interests of its citizens.
DECISION OF THE THIRD CIRCUIT REVERSED; RULING OF THE TRIAL COURT
DENYING THE MOTION TO QUASH REINSTATED; CASE REMANDED TO THE
TRIAL COURT FOR FURTHER PROCEEDINGS.

WEIMER, J., dissents and assigns reasons.



2002-B- 1899 IN RE: GREER E. GOFF
(Disciplinary Proceedings)
Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, it is ordered that Greer E. Goff be suspended from the
practice of law for a period of nine months. It is further ordered that six months of this suspension shall be deferred.
All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, §10 .1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.

 
 
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