American Motorists Insurance Co. v. Miller

REDMANN, Judge.

The owners of two automobiles that collided sued each other the same day, February 22, 1978. One’s insurer joined him in this suit in New Orleans First City Court. The other owner (defendant in this suit) sued in the Orleans Civil District Court.

This suit resulted in a default judgment on January 4, 1979. On December 4, 1979, defendant brought an action to annul for ill practice, La.C.C.P. 2004. Defendant’s lawyer testified that he had an agreement with opposing counsel to try the Civil District Court suit, and it was not until the day that that suit was to be tried, 11 months…