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Cited by

Opinions in Louisiana that cite Kem Search, Inc. v. Sheffield, 434 So. 2d 1067.

323 citing documents.

  • Russell v. Illinois Cent. Gulf R. Co. 686 So. 2d 817 La. 1997
  • Cott Index Co. v. Jagneaux 685 So. 2d 656 La. Ct. App. 3d Cir. 1996
  • Gegenheimer v. Cajun Painting, Inc. 689 So. 2d 457 La. Ct. App. 1st Cir. 1996
    art.2004 the judgment herein being “unconscionable” and “inequitable.” Certainly, the 1992 judgment was a violation of Gegenheimer’s due process rights under the Fourteenth Amendment of the United States Constitution and Article I, § 2 of the Louisiana Constitution.
  • Russell v. Illinois Central Gulf Railroad 683 So. 2d 772 La. Ct. App. 1st Cir. 1996
    Kem Search, Clulee v. Louisiana Materials Co., Inc., (La.App.
  • Ducote v. City of Alexandria 677 So. 2d 1118 La. Ct. App. 3d Cir. 1996
    Kem Search, Inc., v. Sheffield
  • Burford v. Burford 677 So. 2d 722 La. Ct. App. 1st Cir. 1996
    Kem Search, Montet v. Lyles, 93-1724 (La.App.
  • Douglas v. Louisiana Gin Co. 688 So. 2d 1058 La. Ct. App. 1st Cir. 1996
  • Roach v. Pearl 673 So. 2d 691 La. Ct. App. 1st Cir. 1996
    Dismuke v. Quaynor, 25,482 (La.App.
  • Rowe v. State Farm Mut. Auto. Ins. Co. 670 So. 2d 718 La. Ct. App. 3d Cir. 1996
    Responding to plaintiffs argument, defendant cites Kem Search, for the proposition that the manifest error/clearly wrong standard is ordinarily applicable to our review of a trial judge's rulings.
  • Roberts v. Cox 669 So. 2d 633 La. Ct. App. 2d Cir. 1996
  • Deutsch, Kerrigan & Stiles v. Fagan 665 So. 2d 1316 La. Ct. App. 1st Cir. 1995
    Kem Search, Montet v. Lyles, 93-1724 (La.App.
  • CHN, Inc. v. Mitel, Inc. 666 So. 2d 1155 La. Ct. App. 5th Cir. 1995
    Kem Search, Washington v. Lee Tractor Co., Inc., ([LaApp.]
  • National Tea Co. v. Plymouth Rubber Co. 663 So. 2d 801 La. Ct. App. 5th Cir. 1995
    Kem Search, Inc., v. Sheffield
  • Reeves v. Walker 658 So. 2d 285 La. Ct. App. 1st Cir. 1995
    Kem Search, Inc. v. Sheffield (La.App.
  • Calhoun v. Deslattes 648 So. 2d 993 La. Ct. App. 1st Cir. 1994
    Two important reasons for deferring to the trial judge’s discretion are that she personally observed the witnesses and had a superior opportunity to get “the feel of the ease.” Kem Search
  • NAT. UNION FIRE INS. CO. v. Cagle 649 So. 2d 642 La. Ct. App. 3d Cir. 1994
    In Kem Search, the Supreme Court described the type of actions which may be sufficient to constitute fraud or ill practice under Article 2004.
  • Bennett v. Christopher 645 So. 2d 732 La. Ct. App. 5th Cir. 1994
    writ denied, citing Kem Search, (La.App.
  • Palombo v. Palombo 643 So. 2d 445 La. Ct. App. 3d Cir. 1994
  • Allen v. Noble Drilling (U.S.) Inc. 637 So. 2d 1298 La. Ct. App. 1st Cir. 1994
    See Kem Search, (1983), holding that the requirements for nullity are satisfied when enforcement of the judgment would be inequitable or unconscionable.
  • Collins v. Estrade 638 So. 2d 275 La. Ct. App. 5th Cir. 1994
    the Louisiana Supreme Court said: According to article 2004 of the Code of Civil Procedure, any final judgment obtained by fraud or ill practices may be annulled.
  • Dismuke v. Quaynor 637 So. 2d 555 La. Ct. App. 2d Cir. 1994
  • Butler v. Reeder 635 So. 2d 1206 La. Ct. App. 5th Cir. 1994
    In Kem Search, the Supreme Court, at page 1070, said: "According to article 2004 of the Code of Civil Procedure, any final judgment obtained by fraud or ill practices may be annulled.
  • Butler v. Reeder 632 So. 2d 401 La. Ct. App. 5th Cir. 1994
    art. 2004, concerning annulment of judgments for fraud and ill practices, and its interpretive jurisprudence, resting his argument on his reading of a Supreme Court case that addressed this article in a suit to annul a judgment, Kem Search
  • Foret v. Terrebone, Ltd. 631 So. 2d 103 La. Ct. App. 5th Cir. 1994
    5th Cir.1991) and Kem Search
  • McKinney Saw & Cycle v. Barris 626 So. 2d 786 La. Ct. App. 2d Cir. 1993
    In support, plaintiffs cite Kem Search, which holds: According to article 2004 of the Code of Civil Procedure, any final judgment obtained by fraud or ill practices may be annulled.
  • Ford v. Haab Security Life Insurance Co. 625 So. 2d 729 La. Ct. App. 1st Cir. 1993
  • First National Bank of St. Bernard v. Assavedo 619 So. 2d 1136 La. Ct. App. 1st Cir. 1993
    The Louisiana Supreme Court, however, has found this article “sufficiently broad to encompass all situations wherein a judgment is rendered through some improper practice or procedure which operates, even innocently, to deprive the party cast in judgment of some legal right, and where the enforcement of the judgment would be unconscionable and inequitable.” Kem Search
  • Pelican Homestead & Savings Ass'n v. Elms 617 So. 2d 983 La. Ct. App. 1st Cir. 1993
  • Butler v. Reeder 615 So. 2d 1120 La. Ct. App. 5th Cir. 1993
    Plaintiff contends that under the interpretation of this article by the Louisiana Supreme Court in Kem Search, plaintiff must only show (1) a deprivation of legal rights of the litigant who seeks relief, and (2) that enforcement of the judgment would be inequitable or unconscionable.
  • State ex rel. Department of Health & Human Resources, Office of Family Security v. Duvigneaud 602 So. 2d 792 La. Ct. App. 1st Cir. 1992
  • Harwell v. Haspel-Kansas Investments 598 So. 2d 1284 La. Ct. App. 4th Cir. 1992
  • State v. Batchelor 597 So. 2d 1132 La. Ct. App. 1st Cir. 1992
  • Jones v. United States Fidelity 596 So. 2d 834 La. Ct. App. 4th Cir. 1992
  • Clulee v. Louisiana Materials Co., Inc. 590 So. 2d 780 La. Ct. App. 5th Cir. 1991
    Kem Search, Washington v. Lee Tractor Co., Inc., (5th Cir.1988).
  • Angel Dry Cleaners v. Dynamic International Equipment Co. 586 So. 2d 151 La. Ct. App. 5th Cir. 1991
    In Kem Search, our Supreme Court stated, at 1070: Our jurisprudence sets forth two criteria to determine whether a judgment has been obtained by actionable fraud or ill practices: (1) when the circumstances under which the judgment was rendered show the deprivation of legal rights of the litigant who seeks relief, and (2)
  • In re S.R. 582 So. 2d 956 La. Ct. App. 2d Cir. 1991
  • In Re SR 582 So. 2d 956 La. Ct. App. 2d Cir. 1991
  • N.A. Simmons & Associates, Inc. v. Francois 581 So. 2d 759 La. Ct. App. 1st Cir. 1991
  • Succession of Knox 579 So. 2d 1164 La. Ct. App. 2d Cir. 1991
  • Thomas v. Calhoun Properties, Inc. 576 So. 2d 1172 La. Ct. App. 1st Cir. 1991
    and particular caution, weighing the circumstances in the defendant’s favor, but also it imposes the same standard upon the trial judge hearing the application for a new trial, and to that extent it imposes a limitation upon the trial court’s discretion.” It is well established that a default judgment will be set aside if it was obtained by “fraud or ill practices.” Kem Search
  • Burkett v. Property of Douglas 575 So. 2d 888 La. Ct. App. 2d Cir. 1991
  • Jarred v. Continental Insurance Co. 575 So. 2d 496 La. Ct. App. 1st Cir. 1991
    art. 2004 are set forth in Kem Search, : Our jurisprudence sets forth two criteria to determine whether a judgment has been obtained by actionable fraud or ill practices: (1) when the circumstances under which the judgment was rendered showed the deprivation of legal rights of the litigant who seeks relief, and (2) when the enforcement of the judg
  • Homer Nat. Bank v. Nix 566 So. 2d 1071 La. Ct. App. 2d Cir. 1990
  • Adams v. Mills 557 So. 2d 1128 La. Ct. App. 1st Cir. 1990
  • Matter of Adoption of Ms 557 So. 2d 370 La. Ct. App. 4th Cir. 1990
  • Rayne State Bank and Trust Co. v. Fruge 546 So. 2d 637 La. Ct. App. 3d Cir. 1989
    Art. 2004 in Kem Search, as follows: "Thus, the article is not limited to cases of actual fraud or intentional wrongdoing, but is sufficiently broad to encompass all situations wherein a judgment is rendered through some improper practice or procedure which operates, even innocently, to deprive the party cast in judgment of s
  • Pickett v. Marchand 544 So. 2d 683 La. Ct. App. 3d Cir. 1989
  • Design Associates, Inc. v. Charpentier 537 So. 2d 1233 La. Ct. App. 4th Cir. 1989
    Defendant relies on the expert testimony of Mr. Curtis Boisfontaine, and distinguishes Kent Search, relied on by plaintiffs.
  • Forman v. Belew 536 So. 2d 821 La. Ct. App. 1st Cir. 1988
    See Kem Search, Inc. v. Sheffield, (La.Sup.Ct.), (1983).
  • Firmature v. Tommasi 533 So. 2d 1326 La. Ct. App. 3d Cir. 1988
    In Kem Search, the Supreme Court explained that "fraud or ill practice" is language sufficiently broad to encompass all situations wherein a judgment is rendered through some improper practice or procedure which operates, even innocently, to deprive the party case in judgment of some legal right, and where the enforcement