853 So. 2d 769 - Dean v. Delacroix Corp.’s Empirical Analysis
2003
Citation profile
4 state decisions
Relationships
Relies on 843 So. 2d 1049 - Burguieres v. Pollingue · 521 So. 2d 488 - Fincher v. Insurance Corp. of America · 181 So. 2d 828 - Garry v. Zor, Inc. · 441 So. 2d 417 - Building Engineering Services Co., Inc. v. State · 820 So. 2d 632 - Fire & Casualty Insurance Co. v. Sewerage & Water Board
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.
“Our reading of the petitions filed by the- parties in both parishes places at issue the ownership of immovable property, but in different contexts. We find that the language of the petition of the Saint Bernard litigation places the ownership of a portion of the immovable at issue and will be dispositive of who has the right to the immovable at issue. That is, if Delacroix owns the disputed portion of the immovable, then the injunction against trespass would' appropriately issue against Dean and EBLCC. If Dean and/or EBLLC own the disputed portion of the immovable, then the injunction against trespass would fail. Accordingly, a resolution of the issue of ownership of the immovable in the Saint Bernard litigation will have res judicata effect on the issue of the ownership of the immovable. See La.C.C.P. art. 1061 B and La.R.S. 13:4231-4232; Burguieres v. Pollingue, 2002-1385 (La.2/25/03), 843 So.2d 1049 . Additionally, we find that the addition of the Plaquemines Parish Government as a party defendant to the Plaquemines litigation does not defeat Delacroix’s exception of lis pendens. This court has recognized and held that the filing of a new suit naming new and additional parties will not defeat an exception of lis pendens. The party to the earlier filed suit is entitled to have the later filed suit dismissed as to him, and the new parties remain in the later filed suit. See Fincher v. Ins. Corp. of America, 521 So.2d 488 (La.App. 4 Cir.1988); Fire and Cas. Ins. Co. of Connec”
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.