Cited by

Opinions in Louisiana that cite De Frances v. Gauthier, 55 So. 2d 896.

45 citing documents.

Candace Johnson v. Angelica Solorazano Sotomayor, Alberto Jose Sotomayor, Jr., the Alberto Jose Sotomayor, III Trust, State of … La. Ct. App. 4th Cir. 2022
In the instant case, So.2d 896 (1951) more on point.
Jasea Ned v. Trenton Laliberte La. Ct. App. 3d Cir. 2019
“He who seeks to have a default judgment against him set aside must allege and prove that he had good reasons for his 4 nonappearance and failure to timely plead.” So.2d 896 (1951).
Caceres v. United Automobile Insurance Co. 154 So. 3d 584 La. Ct. App. 1st Cir. 2014
art. 1971 comment (d); , , 897 (1951).
Habitat, Inc. v. Commons Condominiums, LLC 97 So. 3d 1126 La. Ct. App. 1st Cir. 2012
Cynthia Bridges, SEC. Dept. of Rev., State of Louisiana v. Ronald G. Lyles La. Ct. App. 3d Cir. 2011
R. D. Spell, Inc. v. Ferguson Enterprises, Inc. D/B/A Louisiana Utilities Supply Co. La. Ct. App. 3d Cir. 2009
3/30/01), ( So.2d 896 (1951)).
Lawson v. Mitsubishi Motor Sales of America 938 So. 2d 35 La. 2006
art.1971 comment (d); , (La.
McNab v. Blanton 927 So. 2d 1281 La. Ct. App. 1st Cir. 2006
( , (1951), the supreme court stated that “[h]e who seeks to have a default judgment against him set aside must allege and prove that he had good reasons for his nonappearance and failure to timely plead.” In the instant case, Mr. Blanton asserts that the answer was not timely filed due to “happen *1285 sta
Gresham v. Production Management, Inc. 868 So. 2d 171 La. Ct. App. 4th Cir. 2004
Bates v. Legion Indem. Co. 818 So. 2d 176 La. Ct. App. 1st Cir. 2002
P. art. 1971 comment (d); , (1951).
Metro Riverboat Associates, Inc. v. Louisiana Gaming Control Bd. 797 So. 2d 656 La. 2001
Schaff v. Cardinal Services, Inc. 778 So. 2d 1278 La. Ct. App. 5th Cir. 2001
(1951) (emphasis supplied, citations omitted).
Davis v. Coregis Ins. Co. 789 So. 2d 7 La. Ct. App. 3d Cir. 2000
Hickman v. Wm. Wrigley, Jr. Co., Inc. 768 So. 2d 812 La. Ct. App. 2d Cir. 2000
Ereunao Oil & Gas, Inc. v. Northern 736 So. 2d 893 La. Ct. App. 3d Cir. 1999
(1951), the supreme court held that a party seeking to have a default judgment set aside must allege and prove good reasons for his failure to timely plead.
Robinson v. Trans-General Life Insurance 712 So. 2d 228 La. Ct. App. 1st Cir. 1998
1 For this reason, , 55 So.2d *230 896 (La.1951) which is quoted from in Succession of Rock , is likewise inapposite.
Hayden v. New Orleans Baton Rouge Steamship Pilots Fee Commission 707 So. 2d 3 La. 1998
Hayden v. NOSS PILOTS FEE COM'N 707 So. 2d 3 La. 1998
Cashback, Inc. v. Herring 669 So. 2d 693 La. Ct. App. 2d Cir. 1996
Laprarie v. King 575 So. 2d 921 La. Ct. App. 2d Cir. 1991
Compare Lamb v. Lamb, supra; , (1951); Raphiel v. Louisiana Ry.
Thibodeaux v. Burton 538 So. 2d 1001 La. 1989
(1951); Succession of Rock v. Allstate Life Ins.
Danel v. Knek 490 So. 2d 282 La. Ct. App. 1st Cir. 1986
We also stated in the original opinion rendered herein that this rule of law applies whether the motion for a new trial or the motion to set aside the default judgment was based upon a defendant’s , (1951), (La.App.
Kugle v. Hennessy 480 So. 2d 849 La. Ct. App. 2d Cir. 1985
Terra Builders v. International Paper Co. 445 So. 2d 79 La. Ct. App. 2d Cir. 1984
art. 1971 comment (d); , (La.
Stelly v. Fidelity & Casualty Co. of New York 434 So. 2d 196 La. Ct. App. 1st Cir. 1983
Lamb v. Lamb 430 So. 2d 51 La. 1983
Lamb v. Lamb 416 So. 2d 243 La. Ct. App. 1st Cir. 1982
(1951), as expounded upon in Hardy v. Kidder, supra: “Insofar as the opinion shows, the cause of his nonappearance prior to the confirmation to the default was his own neglect in appearing or in retaining an attorney, rather than any reasonable reliance by him upon a neglectful attorney timely retained.
Chaison v. LeBlanc 363 So. 2d 87 La. Ct. App. 3d Cir. 1978
Succession of Rock v. Allstate Life Ins. Co. 340 So. 2d 1325 La. 1976
Succession of Rock v. Allstate Life Insurance Co. 329 So. 2d 862 La. Ct. App. 1st Cir. 1976
Young v. Warner, La.App., .
Hardy v. Kidder 292 So. 2d 575 La. 1974
(1951): "It is well settled that he who seeks to have a default judgment against him set aside must allege and prove that he had good reasons for his nonappearance and for his failure to appear and timely plead.
Young v. Warner 283 So. 2d 547 La. Ct. App. 1st Cir. 1973
(1951); (2nd La.App.1966).
Precision Motors, Inc. v. Beder 273 So. 2d 650 La. Ct. App. 4th Cir. 1972
It is a well settled rule that one who seeks to set aside a default judgment must allege and prove an excuse for failing to appear, , (1951); (La.
Hardy v. Kidder 267 So. 2d 582 La. Ct. App. 1st Cir. 1972
Utah-Louisiana Investment Co. v. International Development, Inc. 262 So. 2d 553 La. Ct. App. 1st Cir. 1972
The defendant-appellant further argues that the Lower Court erred in granting a new trial from the default judgment and cites as authority De Francis v. Gauthier (1951) for the proposition to have a default judgment set aside, he must allege and prove that he had good reason for his non-appearance and for his failure to appear and timely plead, and cites also Cutrer v. Cutrer (1936) La.App., 169 So.
Soileau v. Fusilier 237 So. 2d 92 La. Ct. App. 1st Cir. 1970
(1951) the trial court denied an application for a new trial.
Gulf Acceptance Loan Corporation v. Demas 205 So. 2d 855 La. Ct. App. 4th Cir. 1968
Adams v. Perilloux, 216 La.
Landry v. Park Wood Products, Inc. 201 So. 2d 306 La. Ct. App. 1st Cir. 1967
denied); Sears, , (1951).
Pryor v. Gions 188 So. 2d 739 La. Ct. App. 2d Cir. 1966
Thus, , (1951), "When the trial judge had refused the defendant a new trial in a default judgment case, the appellate court should not disturb that ruling, regardless of the fact that the defendant may urge in his motion for a new trial that he has a meritorious defense to the merits, unless the defendant
Hyatt v. Hartford Accident & Indemnity Co. 184 So. 2d 563 La. Ct. App. 1st Cir. 1966
Sears v. Cannizzarro 142 So. 2d 566 La. Ct. App. 1st Cir. 1962
Hamilton v. Cortinas, La.App., ; , .
Leon v. St. Bernard Parish Democratic Committee 117 So. 2d 447 La. Ct. App. 4th Cir. 1960
1099 , .” It is true that, in the Boucher case and in the two cases cited, Wilson v. Wilson and Bayou Rapides Lumber Co. v. Davies, the occurrences which were sought to be shown by affidavit took place subsequently to the appeal, , , 898, the *451 Supreme Court called attention to this fact, saying: “Although there are some cases in our jurisprudence where the rule announced above has been somewhat relaxed, and where this court has considered the evidence, in these cases certain facts which were
Hamilton v. Cortinas 110 So. 2d 200 La. Ct. App. 4th Cir. 1959
Scruggs v. Butler Furniture Co. 104 So. 2d 178 La. Ct. App. 1st Cir. 1958
897, our Supreme Court in its opinion stated: “It is well settled that he who seeks to have a default judgment against him set aside must allege and prove that he had good reasons for his nonappearance and for his failure to appear and timely plead.
Snuggs v. Burrus 67 So. 2d 599 La. Ct. App. 1st Cir. 1953