Cited by
Opinions in Louisiana that cite Sewell v. Argonaut Southwest Ins. Co., 362 So. 2d 758.
- Patricia B. Heaton, Henry F. Heaton and Latter & Blum, Inc. v. Effie Chaisson, Realty Revolution, L.L.C. Dba … La. Ct. App. 4th Cir. 2019
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Hoddinott v. Hoddinott
253 So. 3d 233
La. Ct. App. 1st Cir. 2018
Co. , , 760 (La.1978) ).
- Hoddinott v. Hoddinott 217 So. 3d 540 La. Ct. App. 1st Cir. 2017
- Succession of Schmolke 119 So. 3d 916 La. Ct. App. 1st Cir. 2013
- Vincent v. Vincent 95 So. 3d 1152 La. Ct. App. 1st Cir. 2012
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Cotton v. DELTA QUEEN STEAMBOAT CO., INC.
36 So. 3d 262
La. Ct. App. 1st Cir. 2010
Co., held that: A demand, may also be implied rejected by the silence of a judgment which fails to grant the demand, provided that the matter has been actually litigated and finally adjudged so that it became an “object of the judgment.” (emphasis added) In R.G.
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Katner v. Katner
28 So. 3d 566
La. Ct. App. 1st Cir. 2009
Co., stated the “civilian res judicata” theory: A demand may also be impliedly rejected by the silence of a judgment which fails to grant the demand, provided that the matter has been actually litigated and finally adjudged so that it became an “object of the judgment.” In R.G.
- Industrial Babbitt Bearings v. Lessard 923 So. 2d 696 La. Ct. App. 1st Cir. 2005
- Union Planters Bank v. CCHC 907 So. 2d 129 La. Ct. App. 1st Cir. 2005
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City of Eunice v. Credeur
828 So. 2d 710
La. Ct. App. 3d Cir. 2002
Co., Villars v. Faivre, 36 La.Ann.
- Richey v. Vanliner Ins. Co. 696 So. 2d 190 La. Ct. App. 3d Cir. 1997
- Varnado v. Department of Employment and Training 687 So. 2d 1013 La. Ct. App. 1st Cir. 1996
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Ebey v. Harvill
647 So. 2d 461
La. Ct. App. 2d Cir. 1994
Co., explaining that only matters "actually litigated and finally adjudged" may not be contradicted later.
- Spurrell v. Ivey 630 So. 2d 1378 La. Ct. App. 2d Cir. 1994
- Schulz v. BD. OF COM'RS, OF PORT OF NO 614 So. 2d 135 La. Ct. App. 4th Cir. 1993
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Thomas v. Highlands Insurance Co.
602 So. 2d 278
La. Ct. App. 2d Cir. 1992
Co., Lynn v. Berg Mechanical, Inc., Barry v. Western Elec.
- Allen v. Louisiana State Bd. of Dentistry 603 So. 2d 238 La. Ct. App. 4th Cir. 1992
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Lynn v. Berg Mechanical, Inc.
582 So. 2d 902
La. Ct. App. 2d Cir. 1991
Co., Charles v. Aetna Cas.
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Byles Welding & Tractor v. Butts Sales
578 So. 2d 246
La. Ct. App. 3d Cir. 1991
the plaintiff filed a worker's compensation suit seeking weekly compensation benefits and medical expenses.
- Fust v. Fontenelle 558 So. 2d 715 La. Ct. App. 4th Cir. 1990
- Hogan v. Hogan 549 So. 2d 267 La. 1989
- Jim Walter Homes v. Lewis 544 So. 2d 485 La. Ct. App. 2d Cir. 1989
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Lowe v. Prejean
540 So. 2d 436
La. Ct. App. 1st Cir. 1989
Co., and authorities cited therein.
- Brock v. Schwegmann Giant Supermarkets 520 So. 2d 711 La. 1988
- Pilié & Pilié v. Metz 521 So. 2d 590 La. Ct. App. 1st Cir. 1988
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Turner v. Maryland Cas. Co.
518 So. 2d 1011
La. 1988
Co., ("[I]n the field of worker's compensation, courts must exercise greater vigilance against the perpetuation of an erroneous decision and less concern for the other conflicting interests served by devices for precluding litigation.") (La.App.
- Lieber v. Re Ownership of Real Property Located in Caddo Parish 501 So. 2d 957 La. Ct. App. 2d Cir. 1987
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Justice v. Sylvester
499 So. 2d 590
La. Ct. App. 5th Cir. 1986
the Supreme Court held that: "The theory of civilian res judicata is that matters actually litigated and finally adjudged are presumed correct and, thus, should not be contradicted in a subsequent suit....
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Jones v. Kentucky Fried Chicken
483 So. 2d 1076
La. Ct. App. 2d Cir. 1986
Co., the claimant in a worker’s compensation action is obliged to prove with specific evidence the actual medical services which were rendered as a consequence of the injury.
- LA. BUSINESS COLLEGE v. Crump 474 So. 2d 1366 La. Ct. App. 2d Cir. 1985
- LeBlanc v. LeBlanc 472 So. 2d 312 La. Ct. App. 3d Cir. 1985
- Moore v. Employers National Insurance Co. 464 So. 2d 29 La. Ct. App. 1st Cir. 1985
- Lococo v. Lococo 462 So. 2d 893 La. Ct. App. 4th Cir. 1984
- W.Q. Wise, Inc. v. Lewing 446 So. 2d 964 La. Ct. App. 1st Cir. 1984
- Coffil v. Boyd 428 So. 2d 1355 La. Ct. App. 4th Cir. 1983
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Franzone v. Merchants Trust & Savings Bank
427 So. 2d 600
La. Ct. App. 4th Cir. 1983
Co., at page 760, Civilian Res Judicata is based on the concept that: “Matters actually litigated and finally adjudged are presumed correct and, thus, should not be contradicted in a subsequent suit (citations omitted).
- Graham v. Jones Bros. Co. 412 So. 2d 675 La. Ct. App. 1st Cir. 1982
- Bissett v. Bissett 393 So. 2d 205 La. Ct. App. 1st Cir. 1980
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RG Claitor's Realty v. Juban
391 So. 2d 394
La. 1980
Co., Villars v. Faivre, 36 La.Ann.
- Crowley v. Roy O. Martin Lumber Co. 383 So. 2d 134 La. Ct. App. 1st Cir. 1980
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Smith-Hearron v. Frazier, Inc.
368 So. 2d 768
La. Ct. App. 1st Cir. 1979
Co., and the decision of this court in Reed v. Employers Mutual Liability Ins.
- Theodore v. Bank of New Orleans & Trust Co. 365 So. 2d 29 La. Ct. App. 1st Cir. 1978