Cited by
Opinions in Louisiana that cite Kem Search, Inc. v. Sheffield, 434 So. 2d 1067.
- Wilkinson v. Sweeney 532 So. 2d 243 La. Ct. App. 3d Cir. 1988
- Century Bank in New Orleans v. Doley 527 So. 2d 437 La. Ct. App. 4th Cir. 1988
- Berwick Bay Oil Co. v. Sunrise Shipping Agency, Inc. 525 So. 2d 239 La. Ct. App. 1st Cir. 1988
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Distinguished
Strange v. Imperial Pools, Inc.
520 So. 2d 1039
La. Ct. App. 3d Cir. 1987
This case is thus readily distinguishable from Kem Search
- Phillips v. Patin 517 So. 2d 190 La. Ct. App. 1st Cir. 1987
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LeBlanc v. Electronic Clinic, Inc.
509 So. 2d 629
La. Ct. App. 1st Cir. 1987
The requirements for annulling a judgment under this article are set forth in Kent Search, (La.
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Spencer v. Carroll
506 So. 2d 616
La. Ct. App. 1st Cir. 1987
of some legal right, and where enforcement of the judgment would be unconscionable and inequitable.” Kem Search, at 1070.
- Hoskins v. Ziegler 506 So. 2d 146 La. Ct. App. 4th Cir. 1987
- Hong v. Lucien 505 So. 2d 167 La. Ct. App. 1st Cir. 1987
- Ward v. Sylvester 498 So. 2d 1111 La. Ct. App. 1st Cir. 1986
- Bradford v. Thomas 499 So. 2d 525 La. Ct. App. 2d Cir. 1986
- Allstate Ins. Co. v. Toups 486 So. 2d 304 La. Ct. App. 3d Cir. 1986
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Mitchell v. Crane
485 So. 2d 613
La. Ct. App. 4th Cir. 1986
(citations omitted) Kem Search, Inc., v. Sheffield
- Alker v. Martinez 477 So. 2d 855 La. Ct. App. 5th Cir. 1985
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Simmons v. Sowela Technical Institute
470 So. 2d 913
La. Ct. App. 3d Cir. 1985
Kem Search, -72 (La.1983).
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Davis v. Sewerage and Water Bd.
469 So. 2d 1144
La. Ct. App. 4th Cir. 1985
As Justice Dennis said in Kem Search, : Thus, the article [2004] 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 some le
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Sharp v. Brown
464 So. 2d 12
La. Ct. App. 1st Cir. 1984
The requirements for annulling a judgment under this article were recently set forth by the Supreme Court in Kem Search, as follows: “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) when the enforc
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Hoff v. Canal Refining Co.
454 So. 2d 188
La. Ct. App. 1st Cir. 1984
In support of his argument, appellant cites the Supreme Court case of Kem Search
- Dardar v. Texoma Contractors, Inc. 446 So. 2d 890 La. Ct. App. 1st Cir. 1984
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Smith v. Lee
444 So. 2d 696
La. Ct. App. 1st Cir. 1984
In Kem Search, (1983), the Supreme Court said any judgment obtained by fraud or ill practice may under the provisions of LSA-C.
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Perrodin v. Zander
441 So. 2d 12
La. Ct. App. 3d Cir. 1983
Appellant relies on the recent case of Kem Search
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Succession of Lewis
440 So. 2d 899
La. Ct. App. 2d Cir. 1983
states: [S]everal of the most important reasons for deferring to the trial judge's exercise of discretion are: His observation of the witness, his superior opportunity to get "the feel of the case," (Citation omitted.)
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Wood v. Wood
440 So. 2d 906
La. Ct. App. 2d Cir. 1983
In the recent case of Kem Search, the court commented: "The trial court is permitted discretion in deciding when a judgment should be annulled because of fraud or ill practice.