|FOR IMMEDIATE NEWS RELEASE
|FROM: CLERK OF SUPREME COURT OF LOUISIANA
The Opinions handed down on the 3rd day of May, 2016, are as follows:
BY JOHNSON, C.J.:
2015-CC-2039 TERESA WALLNER CABALLERO v. DAVID FERNANDO CABALLERO (Parish of E. Baton Rouge)
For the above reasons, we hereby reverse the ruling of the court of appeal and reinstate the Family Court’s judgment, overruling Home’s exception of lack of subject matter jurisdiction.
REVERSED AND REMANDED TO THE DISTRICT COURT FOR FURTHER PROCEEDINGS.
HUGHES, J., dissents in part and assigns reasons.
BY WEIMER, J.:
2016-O -0078 IN RE: JUSTICE OF THE PEACE STACIE P. MYERS POINTE COUPEE PARISH, DISTRICT 4 STATE OF LOUISIANA
For the foregoing reasons, it is ordered, adjudged, and decreed that Respondent, Justice of the Peace Stacie P. Myers, District 4, Parish of Pointe Coupee, State of Louisiana, be, and is hereby, removed from office for violating La. Const. art. V, § 25(C) and the Code of Judicial Conduct and that her office be, and is hereby, declared to be vacant. Further, Respondent is ordered pursuant to La. Sup.Ct. Rule XXIII, § 26 to refrain from qualifying as a candidate for judicial office for five years and until certified by this court as eligible to become a candidate for judicial office. Finally, pursuant to La. Sup.Ct. Rule XXIII, § 22, we cast Respondent with $288 in favor of the Judiciary Commission of Louisiana for the costs incurred in the investigation and prosecution of her case, which costs are in addition to the penalties and costs previously imposed.
REMOVAL FROM JUDICIAL OFFICE ORDERED.
BY CLARK, J.:
2015-C -1439 CYNTHIA BRIDGES, SEC., DEPT. OF REV., STATE OF LOUISIANA v. NELSON INDUSTRIAL STEAM CO. C/W NELSON INDUSTRIAL STEAM CO. v. CALCASIEU PARISH SCHOOL SYSTEM SALES AND USE TAX DEPT., ET AL. C/W CYNTHIA BRIDGES, SEC., DEPT. OF REV., STATE OF LOUISIANA v. NELSON INDUSTRIAL STEAM CO. C/W NELSON INDUSTRIAL STEAM CO. v. CALCASIEU PARISH SCHOOL SYSTEM SALES AND USE TAX DEPT., ET AL. (Parish of Calcasieu)
For the reasons expressed herein and consistent with the liberal statutory construction that is afforded to a taxpayer claiming an exclusion, we reverse and rule in favor of NISCO. We remand the matter to the trial court to fix the amount of the judgment in a manner consistent with this opinion.
REVERSED AND REMANDED.
KNOLL, J., dissents and assigns reasons.
WEIMER, J., concurs in part and dissents in part and assigns reasons.
HUGHES, J., concurs in part and dissents in part for the reasons of Weimer, J.
BY CRICHTON, J.:
2015-C -0785 PIERCE FOUNDATIONS, INC. v. JAROY CONSTRUCTION, INC. (Parish of Jefferson)
Pursuant to the foregoing, we hold that Pierce’s lawsuit was timely filed against the general contractor and its surety, Ohio Casualty, and that the failure of the plaintiff to perfect its privilege against the public authority (as found by the trial court) does not defeat its right of action against the surety. The decision of the court of appeal is reversed and the decision of the trial court is reinstated.
KNOLL, J., dissents and assigns reasons.
GUIDRY, J., dissents and assigns reasons.
HUGHES, J., dissents for the reasons assigned by Guidry, J., and assigns additional reasons.
2015-CC-1718 CITY OF ALEXANDRIA v. KENDALL DIXON (Parish of Rapides)
For the reasons set forth herein, we find the court of appeal erred in overturning the trial court’s application of Pullin, and reverse the court of appeal in that regard, specifically reinstating the trial court’s finding that Pullin applies under these circumstances. We also reinstate the trial court’s order of remand to the Board for consideration of Dixon’s alleged failed breath alcohol test results. Although we also find the City did not adhere to its own Substance Abuse Policy and thus reverse that finding by the trial court, we nevertheless determine that, based on Pullin, the test results are admissible subject to whatever the weight the Board may choose to assign to the test results.
AFFIRMED IN PART; REVERSED IN PART; REMANDED.
2015-C -1430 LAMAR CONTRACTORS, INC. v. KACCO, INC. (Parish of St. Bernard)
For the reasons assigned, the judgment of the court of appeal is vacated insofar as it affirms the district court’s judgment reducing the award of damages in favor of Lamar Contractors, Inc. The case is remanded to the district court for the sole purpose of entering an amended judgment in favor of Lamar Contractors, Inc. for the full amount of damages previously determined with no reduction for contributory negligence. In all other respects, the judgment of the court of appeal is affirmed. All costs in this court are assessed against defendant, Kacco, Inc.
JOHNSON, C.J., concurs.
CRICHTON, J., additionally concurs and assigns reasons.