705 So. 2d 293 - State v. Turner’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “La. C.C.P. art. 2004 is not limited to actual fraud or intentional wrongdoing. “Ill practice” is any improper practice which operates, even innocently, to deprive a litigant of some legal right. The “legal right” has been defined as the opportunity to appear and assert a defense. A party seeking to annul a relatively null judgment for fraud or ill practices must assert such grounds in a separate direct action and not collaterally. An action for nullity requires a petition with the adverse party cited to appear as in an ordinary suit. Courts determine that a judgment has been obtained through fraud or ill practices: 1) when circumstances under which the judgment was rendered showed deprivation of the legal rights of the litigant seeking relief; and 2) when enforcement of the judgment would be unconscionable and inequitable. |fiA consent judgment is essentially a bilateral contract which is voluntarily signed by the parties and accepted by the court. It has binding force from the voluntary acquiescence of the parties, not from the court’s adjudication. It may be invalidated when a unilateral error exists as to a fact which was the principal cause of the contract. Consent may be vitiated by error, fraud, or duress. La. C.C. art. 1948. The error must concern a cause without which the obligation would not have been incurred and that cause was known or should have been known to the other party. La. C.C. art. 1949. (Citations omitted.)”

   3 later decisions quote this exact passage
   e.g. 45 So. 3d 1120 - DiLeo v. Hansen · Brown v. Brown