October 14, 2015 - Opinions - Louisiana Supreme Court

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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #050</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;The Opinions handed down on the&nbsp;14th day of October, 2015, are as follows:&nbsp;BY JOHNSON, C.J.: <a href="/opinions/2015/15C0477.opn.pdf">2015-C -0477	PATRICIA ANN THOMPSON v. WINN-DIXIE MONTGOMERY, INC., ET AL.</a>&nbsp;(Parish of Iberia)For the above reasons, we reverse the judgment of the court of appeal as to apportionment of liability and reinstate the district court&rsquo;s judgment on the jury&rsquo;s allocation of fault. We likewise reverse the court of appeal&rsquo;s judgment assessing 100% of the costs to Winn-Dixie and reinstate the district court&rsquo;s order taxing Winn-Dixie and Ms. Thompson each with 50% of the costs. REVERSED AND RENDERED.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2015/14CK1996.opn.pdf">2014-CK-1996	STATE OF LOUISIANA v. TERRENCE ROBERSON</a>&nbsp;(Parish of E. Baton Rouge) (Armed Robbery and Attempted Second Degree Murder)For the foregoing reasons, the Court of Appeal&rsquo;s ruling reversing the District Court&rsquo;s grant of the motion to quash is affirmed. This matter is remanded to the District Court for further proceedings.&nbsp; AFFIRMED AND REMANDED.JOHNSON, C.J., dissents and assigns reasons. WEIMER, J., additionally concurs and assigns reasons. CRICHTON, J., additionally concurs and assigns reasons.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2015/14C2607.opn.pdf">2014-C -2607	JOHN C. MCCARTHY, INDIVIDUALLY AND AS TRUSTEE OF THE KATHLEEN MCCARTHY BALDEN TRUST, AND MAJORIE M. MOSS v. EVOLUTION PETROLEUM CORPORATION, FORMERLY KNOWN AS NATURAL GAS SYSTEMS, INC., AND NGS SUB CORPORATION</a>&nbsp;(Parish of Richland)For the foregoing reasons, the judgment of the appellate court is reversed and the ruling of the district court granting the defendants&rsquo; exception of no cause of action and dismissing the case with prejudice is reinstated.&nbsp; REVERSED.JOHNSON, C.J., dissents and assigns reasons. CRICHTON, J., additionally concurs and assigns reasons.&nbsp;<a href="/opinions/2015/14K1172.opn.pdf">2014-K -1172 STATE OF LOUISIANA v. TOBY JAMES FRUGE</a>&nbsp;(Parish of Lafayette) (Forcible Rape 2 Counts)Finding no manifest abuse of the district court&rsquo;s broad sentencing discretion in this case, we reverse those portions of the appellate court decision that (1) vacated the simple rape sentence and (2) remanded the matter to the district court for resentencing. The district court&rsquo;s simple rape sentence is reinstated, and the matter is remanded for execution of the sentence. REVERSED IN PART; SIMPLE RAPE SENTENCE REINSTATED; REMANDED FOR EXECUTION OF SENTENCE.&nbsp;&nbsp;BY GUIDRY, J.:<a href="/opinions/2015/15C0087.opn.pdf">2015-C -0087	JENNIFER DIANE NUNEZ v. PINNACLE HOMES, L.L.C. AND SUA INSURANCE COMPANY</a>&nbsp;(Parish of Cameron)For the reasons set forth above, the judgment of the court of appeal affirming the trial court&rsquo; judgment in favor of the plaintiff is reversed insofar as it finds the individual member of the L.L.C. personally liable. Judgment is hereby rendered in favor of the defendant, Mr. Lenard, in his individual capacity as a member of the L.L.C., dismissing all claims against him. REVERSED; JUDGMENT RENDERED.JOHNSON, C.J., dissents and assigns reasons.&nbsp;<a href="/opinions/2015/14CC1708.opn.pdf">2014-CC-1708 THELMA AISOLA v. LOUISIANA CITIZENS PROPERTY INSURANCE CORPORATION</a>&nbsp;(Parish of St. Bernard)For these reasons, we find the doctrine of lis pendens applies to the plaintiffs&rsquo; individual actions even though they were not named parties or joined in the first-filed class actions. Accordingly, the trial court erred in denying the defendant's exception of lis pendens as to plaintiff's Oubre, Orrill, Press, and Christenberry claim. The court&rsquo;s ruling overruling the exception of lis pendens is hereby reversed, and the matter is remanded to the district court for further proceedings.&nbsp; REVERSED AND REMANDED.JOHNSON, C.J., concurs in result.&nbsp;&nbsp;BY CLARK, J.:<a href="/opinions/2015/15C0536.opn.pdf">2015-C -0536	JOSEPH E. BOUDREAUX, II v. JENNIFER BOUDREAUX C/W JENNIFER ANNE THERIOT BOUDREAUX v. JOSEPH ELTON BOUDREAUX, II</a>&nbsp;(Parish of Terrebonne)Accordingly, we reverse the court of appeal&rsquo;s judgment that sustained Jennifer&rsquo;s exception of no right of action and reverse the judgment that vacated the reduced child support order. REVERSED AND RENDERED.KNOLL, J., dissents and assigns reasons. HUGHES, J., dissents with reasons.&nbsp;<a href="/opinions/2015/14KP2091.opn.pdf">2014-KP-2091 STATE OF LOUISIANA v. RONALD MARSHALL</a>&nbsp;(Parish of Orleans)&nbsp; (Armed Robbery)Accordingly, the court of appeal&rsquo;s decision that granted respondent&rsquo;s writ, in part, ordering the trial court to conduct an evidentiary hearing to consider respondent&rsquo;s ineffective assistance of counsel claims, and to issue a subpoena duces tecum to obtain Ms. Hudson&rsquo;s time sheets, is vacated and the trial court&rsquo;s judgment denying respondent&rsquo;s claims for post-conviction relief is reinstated.&nbsp; VACATED AND TRIAL COURT JUDGMENT REINSTATED.&nbsp;&nbsp;BY CRICHTON, J.: <a href="/opinions/2015/14KP1214cw14KP1238.opn.pdf">2014-KP-1214 C/W 2014-KP-1238	STATE OF LOUISIANA v. JESSIE M. GRIFFIN, II</a>&nbsp;(Parish of Union) (Payment of Cost of Investigation and Prosecution)For the reasons assigned, the judgment of the court of appeal is reversed. The judgment of the district court is reinstated. REVERSED.&nbsp;<a href="/opinions/2015/15C0136.opn.pdf">2015-C -0136	DEAN BORN v. CITY OF SLIDELL</a>&nbsp;(Parish of St. Tammany)After twenty-four years of service with the City of Slidell, Mr. Born retired on August 1, 2008, and having met the necessary requirements, he elected to continue his health insurance coverage under &sect;21-21(b)(1) of the Code of Ordinances of the City in accordance with his agreement with the City. Not only do we find plaintiff&rsquo;s suit was not prescribed, we further conclude that Ordinance 3493 cannot be retroactively applied to plaintiff in this instance, as such an application serves to divest the plaintiff of his vested right in the benefits which he was owed under his contract with the City of Slidell. AFFIRMED.GUIDRY, J., dissents in part and concurs in part and assigns reasons.&nbsp;&nbsp;PER CURIAMS: <a href="/opinions/2015/14K1511.opn.pdf">2014-K -1511	STATE OF LOUISIANA v. MICHAEL D. ELLIS</a>&nbsp;(Parish of Caddo) (Possession of Cocaine with Intent to Distribute)Accordingly, the court of appeal&rsquo;s decision is reversed and the matter is remanded to the court of appeal for consideration of the remaining assignments of error.JOHNSON, C.J., dissents and assigns reasons. HUGHES, J., dissents with reasons.&nbsp;<a href="/opinions/2015/14K1801.opn.pdf">2014-K -1801	STATE OF LOUISIANA v. WILLIAM J. GRAHAM</a>&nbsp;(Parish of St. Tammany) (Molestation of a Juvenile)For the reasons above, the matter is remanded to the trial court to enter a post-verdict judgment of acquittal.&nbsp; REVERSED AND REMANDED.GUIDRY, J., dissents.&nbsp;<a href="/opinions/2015/15C0247.opn.pdf">2015-C -0247	KENNETH H. LOBELL, ET AL. v. CINDY ANN ROSENBERG, ET AL.</a>&nbsp;(Parish of Orleans)For the reasons assigned, the judgment of the court of appeal is reversed insofar as it finds the lease was not properly terminated. The judgment of the district court holding the lease was properly terminated is reinstated. The case is remanded to the court of appeal for further proceedings consistent with this opinion.GUIDRY, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2015/15C0324.opn.pdf">2015-C -0324	DR. RALPH SLAUGHTER v. LOUISIANA STATE EMPLOYEES' RETIREMENT SYSTEM</a>&nbsp;(Parish of E. Baton Rouge)For the reasons assigned, the judgment of the court of appeal is reversed insofar as it finds the Louisiana State Employees&rsquo; Retirement System failed to prove that it followed the proper procedure before initiating action to reduce and recoup plaintiff&rsquo;s retirement benefits. In all other respects, the judgment of the court of appeal is affirmed. The case is remanded to the district court for further proceedings not inconsistent with this opinion. All costs in this court are assessed against plaintiff.JOHNSON, C.J., concurs and assigns reasons.&nbsp;<a href="/opinions/2015/15C0530.opn.pdf">2015-C -0530	THE BANK OF NEW YORK MELLON, ET AL. v. WHITNEY BLAINE SMITH, ET UX.</a>&nbsp;(Parish of Grant)For the reasons assigned, the judgment of the court of appeal is reversed. The judgment of the district court granting summary judgment in favor of George Dean, Jr. and Dean Morris, L.L.P. is reinstated.&nbsp;&nbsp;
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