Legal Opinion

VON DRAKE v. Rogers

Louisiana Court of Appeal

Decided May 19, 2010No. 45,305-CAPublishedCited by 5 opinions

1Opinion of the CourtCaraway, J.

| ,This is an appeal from a judgment of the city court which dismissed the plaintiffs claim on the court’s sua sponte peremptory exception. The parties are co-owners of residential property and their multiple disputes have raised claims for an accounting over property-related obligations and for partition in both city court and the First Judicial District Court. The city court in this proceeding recognized that a prior final judgment in district court required dismissal of the action. Finding that such ruling is correct under our principles for res judicata, we affirm.

Facts and Procedural…

2Cases cited14 opinions

  1. Burguieres v. PollingueSupreme Court of Louisiana · 2003
  2. Mitchell v. BertollaSupreme Court of Louisiana · 1976
  3. Chevron USA, Inc. v. StateSupreme Court of Louisiana · 2008
  4. Wooley v. State Farm Fire and Cas. Ins. Co.Supreme Court of Louisiana · 2005
  5. Floyd v. City of Bossier CityLouisiana Court of Appeal · 2004

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3Cited by5 opinions

  1. Walton v. BurnsLouisiana Court of Appeal · 2013
  2. Tealwood Properties, LLC v. Succession of GravesLouisiana Court of Appeal · 2012
  3. Cantu v. SchlumbergerLouisiana Court of Appeal · 2016
  4. Olson v. OlsonLouisiana Court of Appeal · 2016
  5. VON DRAKE v. RogersLouisiana Court of Appeal · 2010

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