673 So. 2d 691 - Roach v. Pearl’s Empirical Analysis
1996
Citation profile
19 state decisions
How this case has been cited
Cited by 19 later decisions — most recently August 2017
19 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 617 So. 2d 880 - Stobart v. State Through DOTD · 434 So. 2d 1067 - Kem Search, Inc. v. Sheffield · 307 So. 2d 563 - Nethken v. Nethken · Pontchartrain Park Homes, Inc. v. Sewerage & Water Board · 390 So. 2d 262 - LeGlue Buick, Inc. v. Smith
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We, too, believe the prohibition is against the issue being raised by way of affirmative defense such as in the answer or by exception. Clearly, any of those methods would be a collateral attack that is an attempt to impeach the decree in a proceeding not instituted for the express purpose of annulling the judgment. We see no prohibition or adverse effects to allowing the filing of a petition for nullity asserting fraud and ill practices in the same proceedings as the offending judgment. Rather, such is in the interest of judicial economy. Therefore, we find that the petition for nullity was properly filed within the original action in the instant case.”
1 later decision quote this exact passage“Art. 2003. Same; action lost through acquiescence A defendant who voluntarily acquiesced in the judgment, or who was present in the parish at the time of its execution and did not attempt to enjoin its enforcement, may not annul the judgment on any of the grounds enumerated in Article 2002. Art. 2004. Annulment for vices of substance; peremption of action A final judgment obtained by fraud or ill practices may be annulled. An action to annul a judgment on these grounds must be brought within one year of the discovery by the plaintiff in the nullity action of the fraud or ill practices.”
1 later decision quote this exact passage“No specific provision has been made regarding the manner of asserting the grounds of nullity in the above article. This was thought unnecessary in view of the established jurisprudence to the effect that such grounds must be asserted in a direct action and cannot be raised collaterally.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.