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
1x1
1x1 1x1 1x1 1x1 1x1
Search
Advanced Search | Translate
About The Court

  History
  Biographies of Justices
  Maps of Judicial Districts
  FAQ About the Court

Judicial Administrator's Office
  Judicial Administrator
  Forms for Judges
Law Library & Legal Resources
  Library Information
  Library Catalog
  Forms
Louisiana Judicial Entities
  Judiciary Commission
  Judicial Council
  Judicial College
  Attorney Disciplinary Board
  Bar Admissions Committee
  Mandatory Continuing Legal Education
Press Room
  Policy for Media
  Press Releases
  Bar Exam Results
  Publications
Community Outreach  
  Law Day
  Education
  Kid's Page
Employment 
  Job Opportunities
  Current Openings
  ADA Statement
  EEO Policy
Court Managed Programs 
  Children and Families
  Court Interpreters
  Drug Courts
  Louisiana Protective Order
  Registry
(LPOR)
Court Administrators Association
  LA Court Administrators
  Association
 Additional Information
  Judicial Campaign Oversight
  Committee

  Records Custodians
  Invitations to Comment
  Links: Other Courts and
  Associations

  Judicial Compensation
  Commission
  Site Map
  In Memoriam
  Contact Us
Translate 

 2005 News Releases

 

News Release #018

FOR IMMEDIATE NEWS RELEASE


NEWS RELEASE # 18


FROM: CLERK OF SUPREME COURT OF LOUISIANA


The Opinions handed down on the 11th day of March, 2005 , are as follows:


BY KIMBALL, J. :

2004-C- 1317       KEN SMITH d/b/a B & K MUSIC v. STATE OF LOUISIANA,

DEPARTMENT OF TRANSPORTATION & DEVELOPMENT (Parish of Allen)

C/W  2004-C-1594 KEN SMITH d/b/a B & K MUSIC v. MIKE UNKEL

For the above reasons, we find in matter 04-C-1317, Smith v. State, Department of Transportation and Development, the judgment of the court of appeal is correct as it affirmed the district court's granting of the plaintiff's motion for JNOV for loss of leasehold advantage damages and as it affirmed the district court's award of attorney's fees and award of plaintiff's expert witness fees. The judgment of the court of appeal in matter 04-C-1317 is therefore affirmed. With respect to matter 04-C-1594, for the above reasons, we find the judgment of the court of appeal correct as to its denial of Unkel's exception of res judicata. We further find the court of appeal erred in affirming the district court's judgment awarding the plaintiff the value of his improvements based on Article 495 since the article is not applicable to the particular facts of this case. We therefore reverse the judgment of the district court and dismiss plaintiff's claim for the value of his improvements. The judgment of the court of appeal in matter 04-C-1594 is therefore affirmed in part and reversed in part.

04-C-1317 AFFIRMED.

04-C-1594 AFFIRMED IN PART AND REVERSED IN PART.


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

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

VICTORY, J., concurs in part and dissents in part for the reasons assigned by Justice Weimer.




BY JOHNSON, J. :

2004-C- 1278       DONALD J. WINFORD v. CONERLY CORPORATION

 (Office Of Workers' Compensation District 8) For the reasons assigned, the judgment of the hearing  officer is reversed, and this matter is remanded to the Office of Workers' Compensation for further proceedings.

VICTORY, J., concurs in the result.

TRAYLOR, J., concurs in the result.

WEIMER, J., coucurs in the result and assigns reasons.




BY WEIMER, J .:

2004-C- 2004       BRENDA R. THIBODEAUX AND LUCIEN G. THIBODEAUX v. DEBBIE M. JURGELSKY, M.D. (Parish of St. Landry)

Accordingly, we reverse the judgment of the appellate court and reinstate the judgment of the district court.

REVERSED AND RENDERED.

KIMBALL, J., concurs and assigns reasons.

JOHNSON, J., dissents.

void image

| HOME | COURT RULES | NEWS RELEASES | DOCKET | CLERK'S OFFICE |

Louisiana Supreme Court, 400 Royal St., New Orleans, LA 70130
Clerk of Court's Office (504) 310-2300
Judicial Administrator's Office (504) 310-2550
Law Library of Louisiana (504) 310-2400
Email: webmaster@lasc.org

Employee Access