Cited by
Opinions in Louisiana that cite Alonso v. Bowers, 64 So. 2d 443.
- H. Edward Sherman v. Old Point Bar, Point Investment Company, Inc., Warren P. Munster, Jr., Dale Edward Triguero, … La. Ct. App. 4th Cir. 2025
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Camille Landry v. Pediatric Services of America, Inc.
La. Ct. App. 3d Cir. 2016
art. 2004, Official Comment (b); So.2d 443 (1953); Succession of Gilmore, 157 La.
- Duckworth Properties, L.L.C. v. Williams 52 So. 3d 287 La. Ct. App. 4th Cir. 2010
- Wright v. Louisiana Power & Light 951 So. 2d 1058 La. 2007
- Power Marketing Direct, Inc. v. Foster 938 So. 2d 662 La. 2006
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Ainsworth v. Ainsworth
860 So. 2d 104
La. Ct. App. 4th Cir. 2003
However, , (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.
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Collins v. Estrade
638 So. 2d 275
La. Ct. App. 5th Cir. 1994
art. 2004, Official Comment *279 (b); , (1953); Succession of Gilmore, 157 La.
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Butler v. Reeder
632 So. 2d 401
La. Ct. App. 5th Cir. 1994
art. 2004, , : Under the jurisprudence any improper practice or procedure which enables a party to obtain a definitive judgment comes within the meaning of this article.
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Gardebled v. Georgia Pacific Corp.
506 So. 2d 576
La. Ct. App. 1st Cir. 1987
If he does not so respond, summary judgment, if appropriate, shall be rendered against him.” *579 , (1953) the Louisiana Supreme Court, in an opinion written by the noted civilian scholar Justice Hawthorne, stated: “No notice of the default judgment was served on either Alonso or his counsel, and neither of them had any knowledge of the judgment until more than a year after the date of its rendition
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State v. Beauchamp
473 So. 2d 323
La. Ct. App. 1st Cir. 1985
art. 2004), [2] , (1953): Under the jurisprudence any improper practice or procedure which enables a party to obtain a definitive judgment comes within the meaning of this article.
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Bush v. Lee
443 So. 2d 702
La. Ct. App. 5th Cir. 1983
1093 , : `Under the jurisprudence any improper practice or procedure which enables a party to obtain a definitive judgment comes within the meaning of this article.
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Kem Search, Inc. v. Sheffield
434 So. 2d 1067
La. 1983
art. 2004, Official Comment (b); , (1953); Succession of Gilmore, 157 La.
- Gramm v. Brock 430 So. 2d 199 La. Ct. App. 2d Cir. 1983
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Williams v. New York Fire & Marine Insurance
427 So. 2d 938
La. Ct. App. 1st Cir. 1983
94 (1924): “The courts of this state will not hesitate to afford relief against judgments, irrespective of any issue of inattention or neglect, when the circumstances under which the judgment is rendered show that deprivation of legal rights of the litigant who seeks relief, and when the enforcement of the judgment would be unconscientious and inequitable.” , (1953), the court stated the proposition as follows: “...
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West v. Gajdzik
425 So. 2d 263
La. Ct. App. 3d Cir. 1982
art. 2004, [1] , : "Under the jurisprudence any improper practice or procedure which enables a party to obtain a definitive judgment comes within the meaning of this article.
- Gladstone v. American Auto. Ass'n, Inc. 419 So. 2d 1219 La. 1982
- Albert v. Lirette 394 So. 2d 761 La. Ct. App. 4th Cir. 1981
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Smith v. Cajun Insulation, Inc.
392 So. 2d 398
La. 1980
1093 , : "Under the jurisprudence any improper practice or procedure which enables a party to obtain a definitive judgment comes within the meaning of this article.
- Plantation Acceptance Corp. v. Stone 379 So. 2d 782 La. Ct. App. 4th Cir. 1979
- Succession of Skye 364 So. 2d 1357 La. Ct. App. 1st Cir. 1978
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Collins v. Collins
325 So. 2d 773
La. Ct. App. 2d Cir. 1976
Official Revision Comment (b); , (1953); (La.App.
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Jones v. Decuers
320 So. 2d 348
La. Ct. App. 4th Cir. 1975
However, , (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.
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Johnston v. Smith
284 So. 2d 149
La. Ct. App. 2d Cir. 1973
See, also: , (1953); Hall v. Hall, supra
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Licoho Enterprises, Inc. v. Succession of Champagne
270 So. 2d 139
La. Ct. App. 1st Cir. 1972
542 .’ , (1953); First Nat.
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Muller v. Michel Lecler Inc.
266 So. 2d 916
La. Ct. App. 4th Cir. 1972
App. 2nd Cir. 1961); , (1953); and Bell v. Holdcraft, 196 So.
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Chaney v. Scott
261 So. 2d 359
La. Ct. App. 1st Cir. 1972
(1953), wherein plaintiff sought the nullity of a *360 default judgment obtained against him by defendant.
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Estelle J. Wilson Mortuary, Inc. v. Waker
244 So. 2d 630
La. Ct. App. 1st Cir. 1971
842, ; , ; Succession of Gilmore, 157 La.
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Sterling v. Jones
233 So. 2d 537
La. 1970
94 (1924) ; , (1953), and cases there cited.
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Southern Discount Company v. Williams
226 So. 2d 60
La. Ct. App. 4th Cir. 1969
art. 2004 our Supreme Court has said, , (1953), "* * * Under the jurisprudence any improper practice or procedure which enables a party to obtain a definitive judgment comes within the meaning of this article.
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Mack Trucks, Inc. v. Martens
192 So. 2d 879
La. Ct. App. 4th Cir. 1966
542 .” , (1953); First Nat.
- Leidig v. Leidig 187 So. 2d 201 La. Ct. App. 3d Cir. 1966
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Pontchartrain Park Homes, Inc. v. Sewerage & Water Board
168 So. 2d 595
La. 1964
94 , , , Tapp v. Guaranty Finance Company, Inc., La.App., , and particularly by reason of Article 2004 of the Code of Civil Procedure which reads as follows: “A final judgment obtained by fraud or ill practices may be annulled.
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Dare v. Myrick
168 So. 2d 845
La. Ct. App. 2d Cir. 1964
1099 , (1949); , (1953); Coltraro v. Chotin, 1 La.App.
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Tapp v. Guaranty Finance Company
158 So. 2d 228
La. Ct. App. 1st Cir. 1964
the Supreme Court affirmed the decision of the district court which declared the nullity of a judgment rendered on open account.
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Pfeiffer v. Hemisphere International Corporation
153 So. 2d 467
La. Ct. App. 4th Cir. 1963
art. 1973; , ; Succession of Gilmore, 157 La.
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Lee v. Carroll
146 So. 2d 242
La. Ct. App. 3d Cir. 1962
870 ; see also: , ; Hall v. Hall, La.App., 127 So.
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Lewis v. Bell
137 So. 2d 706
La. Ct. App. 3d Cir. 1962
94 ; Alonso v. Bowers, [ ] ; and, Mattie Mae Cole Wilkinson v. Ben Wilkinson, [La.App.]
- Scruggs v. Butler Furniture Co. 104 So. 2d 178 La. Ct. App. 1st Cir. 1958
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Vegas v. Cheramie
80 So. 2d 880
La. Ct. App. 1st Cir. 1955
in which an appeal was taken from a judgment annulling and setting aside a previous judgment.
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Meyer v. Esteb
75 So. 2d 421
La. Ct. App. 1st Cir. 1953
This is evident by the exception made in the statute, that portion of the section which reads: “ * * * but no service need be made on parties in default for 'failure to appear except pleadings asserting new or additional claims for relief against them.” , , cited and relied upon by defendant, appellant, is not apposite here because the pleading involved was an amended petition, in which the amount claimed and sued for was increased and the plaintiff in that case was asserting_a new or an additio