Legal Opinion

Clinkscales v. Columns Rehabilitation & Retirement Center

Louisiana Court of Appeal

Decided April 1, 2009No. 08-1312PublishedCited by 14 opinions

1Opinion of the Court

AMY, Judge.

hUpon the death of a resident, the defendant nursing home refunded the unused money paid in advance by the resident to the responsible party listed on an admission agreement. The executrix of the deceased resident’s succession brought a conversion suit against the defendant, claiming that the refund should have been paid to the estate. The defendant contended that it did not convert the funds, rather it acted pursuant to the agreement. The trial court ruled in favor of the executrix, finding that the defendant failed to in*1035troduce evidence of the responsible party’s euratorship and…

2Cases cited4 opinions

  1. Rapp v. City of New OrleansLouisiana Court of Appeal · 1996
  2. Borden, Inc. v. Gulf States Utilities Co.Louisiana Court of Appeal · 1989
  3. Evangeline Parish Sch. Bd. v. ENERGY CONTR. SERVICES, INC.Louisiana Court of Appeal · 1993
  4. Alomang v. Freeport-McMoran, Inc.Louisiana Court of Appeal · 1998

3Cited by14 opinions

  1. New Orleans Jazz & Heritage Foundation, Inc. v. KirkseyLouisiana Court of Appeal · 2010
  2. Allain v. Tripple B Holding, LLCLouisiana Court of Appeal · 2013
  3. Sam Staub Enterprises, Inc. v. ChapitalLouisiana Court of Appeal · 2012
  4. 2800 Associates, L.L.C. v. Eagle Equity Ltd. Partnership 3Louisiana Court of Appeal · 2011
  5. Fleet Intermodal Services, LLC v. St. Bernard Port, Harbor & Terminal DistrictLouisiana Court of Appeal · 2011

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