Cited by

Opinions in Louisiana that cite Mitchell v. Bertolla, 340 So. 2d 287.

108 citing documents.

Carl D. Bryant and Cynthia D. Bradford v. Dean Morris, LLC, Christinan Trust, a Division of Wilmington Savings … La. Ct. App. 2d Cir. 2022
Comment (a) reads, in part: [I]n (La.
Elizabeth Webb v. Daniel Andrew Webb 263 So. 3d 321 La. 2018
Zurich American Ins. Co. v. Paul J. Cox La. Ct. App. 3d Cir. 2013
Comment (a) in which a plaintiff who unsuccessfully sought to void a sale on grounds of lesion beyond moiety was allowed to assert a second cause of action to rescind the same sale on the ground of fraud.
Zurich American Insurance Co. v. Cox 128 So. 3d 644 La. Ct. App. 1st Cir. 2013
Comment (a) in which a plaintiff who unsuccessfully sought to void a sale on grounds of lesion beyond moiety was allowed to assert a second cause of action to rescind the same sale on the ground of fraud.
Tolmas v. Parish of Jefferson 156 So. 3d 653 La. Ct. App. 2d Cir. 2013
art. 2286 which stated, “the authority of the thing adjudged takes place only with respect to what was the object of the judgment.” The demand of the former suit was required to be founded upon the same “cause.” Citing Planiol, stated: “The Cause is said to be the juridical or material fact which is the basis of the right claimed, or the defense pleaded.” We find that the 1963 consent judgment making the injunction permanent as to Mr. Tolmas and the Parish did not involve the zoning issues for t
Shaun Steckler v. Lafayette Consolidated Government La. Ct. App. 3d Cir. 2011
Steckler v. Lafayette Consolidated Government 76 So. 3d 161 La. Ct. App. 1st Cir. 2011
VON DRAKE v. Rogers 36 So. 3d 1218 La. Ct. App. 2d Cir. 2010
Brown Land & Royalty Co. v. Pickett, 226 La.
Skannal v. Bamburg 33 So. 3d 227 La. Ct. App. 2d Cir. 2010
1 Cir.1985), writ denied, (1985), and stated in dictum that it applied to “a deed or a contract,”
Bulot v. INTRACOASTAL TUBULAR SERVICES 883 So. 2d 1146 La. Ct. App. 4th Cir. 2004
In support of their position
E.M.S. v. Crescent City E.M.S. 829 So. 2d 1066 La. Ct. App. 1st Cir. 2002
PRIORITY EMS v. Crescent City EMS 829 So. 2d 1066 La. Ct. App. 4th Cir. 2002
Johnson v. First Nat. Bank of Shreveport 792 So. 2d 33 La. Ct. App. 3d Cir. 2001
Co., (held that a "single tort may give rise to multiple obligations" which could be brought in different suits); (held that a single cause of action could be pursued in separate, successive lawsuits because suit could be brought on each theory of recovery).
Benoit v. Allstate Ins. Co. 773 So. 2d 702 La. 2000
In Re Tutorship of Witt 747 So. 2d 1142 La. Ct. App. 3d Cir. 1999
Thurston v. Thurston 740 So. 2d 268 La. Ct. App. 2d Cir. 1999
Gilbert v. Visone 708 So. 2d 496 La. Ct. App. 2d Cir. 1998
Cantrelle Fence & Supply Co., Inc. v. Allstate Ins.
Ortego v. STATE, DOTD 689 So. 2d 1358 La. 1997
Acts 521 , § 1; (utilizing civilian concept of res judicata).
Centanni v. Ford Motor Co. 636 So. 2d 1153 La. Ct. App. 3d Cir. 1994
Steptoe v. Lallie Kemp Hosp. 634 So. 2d 331 La. 1994
Butler v. Reeder 628 So. 2d 99 La. Ct. App. 1st Cir. 1993
Steptoe v. Lallie Kemp Regional Hospital 618 So. 2d 1008 La. Ct. App. 1st Cir. 1993
Taylor v. Johnson 617 So. 2d 1213 La. Ct. App. 3d Cir. 1993
State, Dept. of Social Serv. v. Coleman 616 So. 2d 844 La. Ct. App. 3d Cir. 1993
Greer v. State 616 So. 2d 811 La. Ct. App. 2d Cir. 1993
Dixon, Booksh and Zimmering, Res Judicata in Louisiana Since Hope v. Madison, supra at 619.
URBAN MGT. CORP. v. Shreveport Airport Auth. 602 So. 2d 1055 La. Ct. App. 2d Cir. 1992
Cantrelle Fence and Supply Company, (La.
Nerco Oil & Gas, Inc. v. Johnson 577 So. 2d 1224 La. Ct. App. 1st Cir. 1991
even the narrowly defined res judi-cata in the Mitchell [v. Bertolla, ] decision recognizes an exception in actions for ownership of immovable property.
Toups v. Toups 573 So. 2d 1164 La. Ct. App. 5th Cir. 1991
Perkins v. SCAFFOLDING RENTAL & ERECTION SERVICE 568 So. 2d 549 La. 1990
[10] This case is distinguished from a in which a plaintiff unsuccessfully sued to rescind a lease for lesion beyond moiety and non payment of rent, and then sued to rescind the same lease for fraud.
Amerson v. LOUISIANA DEPT. OF TRANSPORTATION AND DEVELOPMENT 570 So. 2d 51 La. Ct. App. 5th Cir. 1990
Hines v. Williams 567 So. 2d 1139 La. Ct. App. 2d Cir. 1990
Fleniken v. Allbritton 566 So. 2d 1106 La. Ct. App. 2d Cir. 1990
Fust v. Fontenelle 558 So. 2d 715 La. Ct. App. 4th Cir. 1990
CHARLES E. McDONALD LAND DEV. v. Cashio 552 So. 2d 1050 La. Ct. App. 1st Cir. 1989
McNeal v. Normand 552 So. 2d 1234 La. Ct. App. 3d Cir. 1989
Preis v. Standard Coffee Service Co. 545 So. 2d 1010 La. 1989
Guidry v. BAYLY, MARTIN & FAY OF LA., INC. 545 So. 2d 567 La. Ct. App. 4th Cir. 1989
Jensen Const. Co. v. DEPT. OF TRANSP. OF DEV. 542 So. 2d 168 La. Ct. App. 1st Cir. 1989
Rivet v. First Financial Bank, FSB. 538 So. 2d 216 La. 1989
Allied Corp. v. McNamara 536 So. 2d 1290 La. Ct. App. 1st Cir. 1988
Preis v. Standard Coffee Service Co. 534 So. 2d 23 La. Ct. App. 1st Cir. 1988
The term “cause of action” is a mistranslation from the French article and should read “cause.” (La.App.
Lamana v. LeBlanc 526 So. 2d 1107 La. 1988
John A. Dixon, Jr., Robert W. Booksh, Jr., Paul L. Zimmering, Res Judicata in Louisiana Since Hope v. Madison, 51 Tulane Law Review 611, 619.
Ward v. Pennington 523 So. 2d 1286 La. 1988
this court, relying on Freeman, Law of Judgments § 681 (1925), noted that "cause" may be likened to grounds or theories of recovery.
Landry v. Thibaut 523 So. 2d 1370 La. Ct. App. 5th Cir. 1988
2285-2287, 3556(31); Sliman v. McBee, 311 So.
Ortiz v. Barriffe 523 So. 2d 896 La. Ct. App. 4th Cir. 1988
Lamana v. LeBlanc 515 So. 2d 622 La. Ct. App. 1st Cir. 1988
this court equated `cause' with the juridical or material fact which is the basis of the right claimed, or the defense pleaded....
Cantrelle Fence & Supply v. Allstate Ins. 515 So. 2d 1074 La. 1987
Peacock's, Inc. v. Shreveport Alarm Co. 510 So. 2d 387 La. Ct. App. 2d Cir. 1987
Ryan v. Grandison Trust 504 So. 2d 844 La. 1987
this court equated "cause" with the juridical or material fact which is the basis of the right claimed, or the defense pleaded.
Bowman v. Weill Const. Co. 502 So. 2d 133 La. Ct. App. 3d Cir. 1987
our Supreme Court discussed "cause" and stated: *139 "It is generally accepted that `cause of action' is a mistranslation.