Cadle Co. v. Henson

| ¿The trial court dismissed appellant’s action to annul a judgment after granting the appellee’s exception of no cause of action. Finding that the appellant’s petition stated a cause of action that the judgment was obtained by “ill practice” as provided in La. C.C.P. art.2004, we reverse the trial court’s ruling and remand.

Facts

On December 16, 2009, T & M Fence Company, Inc. (“T & M”), filed a Petition to Annul Judgment, naming as defendant The Cadle Company (hereinafter “Cadle”). The initial sentence of the petition lists Jeremiah Thomas as president of Cadle and the party presenting the…