Legal Opinion
Pollock v. TALCO MIDSTREAM ASSETS, LTD.
Louisiana Court of Appeal
Decided September 23, 2009No. 44,629-CAPublishedCited by 12 opinions
1Opinion of the CourtCaraway, J.
11 Following a default judgment, defendant moved for a new trial on the ground that its failure to answer the suit resulted from communications with plaintiffs’ counsel. The parties had exchanged communications in an effort to settle the matter after the filing of the petition. Ruling on the motion for new trial, the trial court found it procedurally improper as an attempt to annul the judgment for an “ill practice” under Article 2004 of the Code of Civil Procedure. The court determined that the plaintiffs could only raise their claims to set aside the judgment through the separate action of…
2Cases cited14 opinions
- Kem Search, Inc. v. SheffieldSupreme Court of Louisiana · 1983
- Nethken v. NethkenSupreme Court of Louisiana · 1975
- Taylor v. Hixson Autoplex of Alexandria, Inc.Louisiana Court of Appeal · 2001
- Bruno v. OviattSupreme Court of Louisiana · 1896
- Gazebo, Inc. v. City of New OrleansLouisiana Court of Appeal · 1998
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Leonard v. ReevesLouisiana Court of Appeal · 2012
- NorthShore Regional Medical Center, LLC v. DillLouisiana Court of Appeal · 2013
- Webb v. Roofing Analytics, LLCLouisiana Court of Appeal · 2013
- Folse v. St. Rose Farms, Inc.Louisiana Court of Appeal · 2014
- Schilling v. Bernhard Bros. Mechanical Contractors, LLCLouisiana Court of Appeal · 2013
7 more not listed; retrieve them via the Exa API.