320 So. 2d 348 - Jones v. Decuers’s Empirical Analysis

Citation profile

5 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The failure of the defendant to be served with the motions also does not constitute an [i]ll practice which would annul the judgment for [v]ices of substance under LSA-C.C.P. Art.2004. LSA-C.C.P. Art.2004[A] provides: A final judgment obtained by fraud or ill practices may be annulled. To come within this article and have a default judgment nullified, one must demonstrate how he was prevented or excused from asserting his defenses. Pryor v. Gions, 188 So.2d 739 (La.App. 2 Cir.1968[1966]). Defendant has not shown, since he was represented by counsel, how failure to be notified of the changes of plaintiff's counsel prevented him from filing an answer. Defendant had six years to act. He did nothing. Any improper procedure which enables a party to obtain a final judgment is subject to an action for nullity under LSA-C.C.P. Art.2004. However, in Alonso v. Bowers, 222 La. 1093 , 64 So.2d 443, 444 (1953) it is stated: * * * The courts have looked at each case from a purely equitable viewpoint to ascertain whether allowing the judgment to stand would be inequitable or unconscionable in view of the practice or procedure which enabled the party to obtain such judgment. * * * We find that the failure to serve the three ex parte motions did not in any way result in an inequitable situation. We cannot see how service of these motions could have prevented a default judgment from being rendered and, accordingly, the judgment will not be annulled for [i]ll practices. [Emphasis added.]”

   1 later decision quote this exact passage
   e.g. 860 So. 2d 104 - Ainsworth v. Ainsworth

2. “A motion to substitute counsel is a pleading which requires service upon an adverse party under LSA-C.C.P. Art. 1312. See LSA-C.C.P. Book II, Tit. 1, Chapter 4, Preliminary Statement; 28 La.L.R. 552. Nevertheless, we conclude that this failure to serve does not constitute grounds for nullity under LSA-C.C.P. Art.2002. Comment d to C.C.P. Art.2002 indicates that Subsection 2 only applies when there has been a total lack of citation of the original petition or when citation is defective. Here, defendant has admitted that he was personally served with process in the original action and the record indicates he also made an appearance in a rule to traverse. Accordingly, the judgment cannot now be nullified for "vices of form." [Emphasis added.]”

   1 later decision quote this exact passage
   e.g. 860 So. 2d 104 - Ainsworth v. Ainsworth

3. “[i]n order to nullify a default judgment one must demonstrate how he was prevented or excused from asserting his defenses.”

   1 later decision quote this exact passage
   e.g. 15 So. 3d 311 - Mooring Financial Corp. 401(k) Profit Sharing Plan v. Mitchell