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Cited by

Opinions in Louisiana that cite Russell v. Illinois Cent. Gulf R. Co., 686 So. 2d 817.

29 citing documents.

  • Precept Credit Opportunities Fund, Lp v. Terina L. Walker, Et Al. La. 2020
    Russell v. Illinois Central Gulf R.R., 96-2649 (La.1/10/97)
  • Williams v. Breeden 267 So. 3d 154 La. Ct. App. 1st Cir. 2019
    1/10/97), , 819, the Louisiana Supreme Court held that it is an "ill practice" to confirm a judgment of default without notice against a party that has already filed pleadings constituting an appearance of record in the litigation proceedings.
  • Brown v. Brown 187 So. 3d 538 La. Ct. App. 1st Cir. 2016
    Gulf R.R., 96-2649 (La.1/10/97), ).
  • Draughn Koonce v. St. Paul Fire & Marine Ins. Co. La. Ct. App. 3d Cir. 2015
    1/10/97), (defendant had filed answers to prior petitions but had inadvertently failed to answer plaintiff’s second amended petition and plaintiff obtained a default judgment).
  • Koonce v. St. Paul Fire & Marine Ins. Co. 172 So. 3d 1101 La. Ct. App. 1st Cir. 2015
    Gulf R.R., 96-2649 (La.1/10/97), (deféndant had filed answers to prior petitions but had inadvertently failed to answer plaintiffs *1111 second amended petition and plaintiff obtained a default judgment).
  • Neeb v. Graffagnino 136 So. 3d 353 La. Ct. App. 5th Cir. 2014
    art. 2004 provides that “a final judgment obtained by fraud or ill practices may be annulled.” In Russell v. Illinois Central Gulf Railroad, 96-2649 (La.1/10/97), , citing Kem Search, the Louisiana Supreme Court further expounded that Article 2004 “is not limited to cases of actual fraud or wrongdoing, but is sufficiently broad enough to encompass all situations wherein a judgment is rendered through some improper practice
  • Wells Fargo Bank, N.A. v. Tonagel 117 So. 3d 1263 La. Ct. App. 1st Cir. 2013
    The purpose of this amendment is to conform default procedure to the rationale set forth in Russell v. Illinois Central Gulf Railroad, 96-2649 (La.1/10/97), , that it is |8an “ill practice” to confirm a judgment of default, without notice, against a party that has already filed pleadings constituting an appearance of record in the litigation proceedings.
  • In re Savoie's Childrens Trust 90 So. 3d 1183 La. Ct. App. 1st Cir. 2012
    Russell v. Illinois Central Gulf Railroad, 96-2649 (La.1/10/97), .
  • Pollock v. TALCO MIDSTREAM ASSETS, LTD. 70 So. 3d 835 La. Ct. App. 2d Cir. 2011
    See, e.g. Power Marketing Direct Inc. v. Foster, 2005-2023 (La.9/6/06), ; Russell v. Illinois Central Gulf R., 96-2649 (La.1/10/97)
  • Cadle Co. v. Henson 57 So. 3d 458 La. Ct. App. 2d Cir. 2011
    Kem Search, supra, Power Marketing, supra, and Russell v. Illinois Central Gulf R.R., 96-2649 (La.1/10/97), , all involved improper notice in the default setting.
  • Duckworth Properties, L.L.C. v. Williams 52 So. 3d 287 La. Ct. App. 4th Cir. 2010
    Gulf R.R., 96-2649 (La.1/10/97), , quoting Kem Search, 434 So.2d at 1070 .
  • Asi Management, LLC v. Advantage Ford, Inc. 999 So. 2d 66 La. Ct. App. 4th Cir. 2008
    Ford also cites Russell v. Illinois Central Gulf Railroad, 96-2649 (La.1/10/97), , in support of its argument.
  • Wright v. Louisiana Power & Light 951 So. 2d 1058 La. 2007
    [9] Kem Search, as well as Power Marketing, supra, and Russell v. Illinois Central Gulf Railroad, 96-2649 (La.1/10/97), , involved default judgments taken without notice to the opposing parties.
  • Power Marketing Direct, Inc. v. Foster 938 So. 2d 662 La. 2006
    Citing Russell v. Illinois Central Gulf Railroad, 96-2649 (La.1/10/97), , [4] the court found that "ill practice" under La.Code Civ.
  • Power Marketing Direct, Inc. v. Foster 906 So. 2d 1276 La. Ct. App. 2d Cir. 2005
    Citing Russell v. Illinois Central Gulf R. Co., 96-2649 (La.1/10/97), , the court found that "ill practice" under Art. 2004 included confirming a default without notifying defense counsel.
  • Hicks v. Steve R. Reich, Inc. 873 So. 2d 849 La. Ct. App. 2d Cir. 2004
    The Official Revision Comment regarding that addition states: The purpose of the 2001 that it is an “ill practice” to confirm a judgment of default, without notice, against a party that has already filed pleadings constituting an appearance of record in the litigation proceedings.
  • Campbell v. Select Car Co., Inc. 874 So. 2d 391 La. Ct. App. 2d Cir. 2004
    We now reverse because of the ruling of the Louisiana Supreme Court in Russell v. Illinois Central Gulf R.R., 96-2649 (La.1/10/97), , and the notice requirement of La.
  • Mossy Motors, Inc. v. Cameras America 851 So. 2d 336 La. Ct. App. 4th Cir. 2003
    Russell v. Illinois Central Gulf Railroad, 96-2649, p. 2 (La.1/10/97), .
  • Bethley v. National Automotive Insurance Co. 840 So. 2d 608 La. Ct. App. 1st Cir. 2003
    IjjThe statute was amended by Acts 2001, No. 512, to conform the procedure for default judgment with the Louisiana Supreme Court’s decision in Russell v. Illinois Central Gulf Railroad, 96-2649 (La.1/10/97), , which held that it is an “ill practice” to confirm a judgment of default, without notice, against a party that has filed pleadings constituting an appearance of record in the litigation.
  • Harrington v. GLENWOOD REGIONAL MEDICAL 833 So. 2d 1241 La. Ct. App. 2d Cir. 2002
    Russell v. Illinois Central Gulf R., 96-2649 (La.1/10/97), ; Conerly v. Jefferson, 01-2220 (La.App.
  • Conerly v. Jefferson 820 So. 2d 1173 La. Ct. App. 4th Cir. 2002
    Russell v. Illinois Central Gulf Railroad, 96-2649, p. 2 (La.1/10/97), .
  • Benton v. International Paper Co. 817 So. 2d 443 La. Ct. App. 2d Cir. 2002
    This argument has merit in view of the notice requirement set forth in the Act under Section 1310.3(C) quoted above, and the supreme court's ruling in Russell v. Illinois Central Gulf Railroad, 96-2649 (La.1/10/97), .
  • Crump v. Bank One Corp. 817 So. 2d 1187 La. Ct. App. 2d Cir. 2002
    According to the 2001 comments, Article 1702 was amended to conform the default procedure to the rationale of Russell v. Illinois Central Gulf Railroad, 96-2649 (La.1/10/97), , which held that confirmation of a default judgment without notice against a party that had filed pleadings constituting an appearance of record was an ill practice.
  • Taylor v. Hixson Autoplex of Alexandria, Inc. 781 So. 2d 1282 La. Ct. App. 3d Cir. 2001
    See (Obtaining default judgment against defendant without notifying opposing counsel during an ongoing action was an "ill practice" which justified vacating the default judgment.).
  • Woods v. St. Charles Parish School Bd. 783 So. 2d 387 La. Ct. App. 5th Cir. 2001
    Gulf R.R., 96-2649, at 2 (La.1/10/97), (citations omitted).
  • Bankers Ins. Co. v. State 743 So. 2d 870 La. Ct. App. 2d Cir. 1999
    Gulf R., 96-2649 (La.1/10/97), ; (La.App.
  • Herring v. Wainwright 742 So. 2d 120 La. Ct. App. 2d Cir. 1999
    Russell v. Illinois Central Gulf Railroad, 96-2649 (La.01/10/97), .
  • Marien v. Jury 717 So. 2d 1187 La. Ct. App. 1st Cir. 1998
    Gulf R. Co., 96-2649, p. 2 (La.1/10/97); .
  • Arch-Air Freight, Inc. v. Wilson 723 So. 2d 438 La. Ct. App. 5th Cir. 1997
    feThis view was recently reaffirmed by the Supreme Court in Russell v. Illinois Central Gulf Railroad, et al, 96-2649 (La.1/10/97), .