Notable Reported Civil Appellate Decisions

Succession of Harold Lloyd Starks, 46,233-CA, Court of Appeal, 2nd Circuit of Louisiana (4/13/11): Court of Appeal overturned decision of trial court, and invalidated a testament (will).  The testament was held invalid due to the subsequent birth of a child of the testator.  In a case of first impression the court applied the law in effect at the time of the birth of the child, not at the time of the death of the testator.

White v. Board of Directors of St. Elizabeth Baptist Church, 974 So.2d 164 La. App. 2 Cir., 2008:  Court of Appeal upheld trial court ruling that the good faith decision of non-profit board of directors is not subject to judicial review.

Fisher v. Batista, 968 So.2d 337, 42,642 (La.App. 2 Cir. 10/24/07), La.App. 2 Cir., October 24, 2007 (No. 42,642-CA):  Court of Appeal upheld decision of the trial court that the seller of real estate did not act in bad faith.

Stonebridge Development, LLC v. Stonebridge Enterprise, LLC, 954 So.2d 893, 42,039 (La.App. 2 Cir. 4/4/07)  (No. 42,039-CA):  Court of Appeal upheld decision of trial court, based solely upon the pleadings, that the owner of a tract of land was entitled to take possession of a 2.92 track of land and building.

In re Succession of Dodson, 867 So.2d 921, 38,188 (La.App. 2 Cir. 3/3/04):  Court of Appeal upheld decision by trial court to nullify acts of donation undertaken prior to donor’s death as invalid, due to donor’s incapacity.

Chandler v. Kenyan, 862 So.2d 1182, 38,084 (La.App. 2 Cir. 12/19/03):  Court of Appeal upheld decision of trial court that chief operations officer of corporate employer client was an employee-at-will, thus denying claim for damages for future loss of income.

O’Glee v. Whitlow, 756 So.2d 1288, 32955 (La.App. 2 Cir. 4/7/00):  Court of Appeal upheld decision of trial court that final sale of business occurred based upon verbal agreement and subsequent actions of the seller.