Shadoin v. Shadoin

Supreme Court of Louisiana

Shadoin v. Shadoin

847 So. 2d 1184, 2003 La. LEXIS 1340, 2003 WL 21040187

CourtSupreme Court of Louisiana

DecidedMay 9, 2003

DocketNo. 2003-OC-0042

StatusPublished

This text of 847 So. 2d 1184 (Shadoin v. Shadoin) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Shadoin v. Shadoin, 847 So. 2d 1184, 2003 La. LEXIS 1340, 2003 WL 21040187 (La. 2003).

Pincite

Opinion

PER CURIAM.

Granted. The court of appeal erred in finding principles of res judicata barred plaintiff from appealing the trial court’s judgment. See La. R.S. 13:4231 (“a valid and final judgment is conclusive between the parties, except on appeal or other direct review”). The proper inquiry is whether relator voluntarily acquiesced in the trial court’s judgment pursuant to La. Code Civ. P. art. 2085. Because the court of appeal did not consider this issue, we vacate the judgment of the court of appeal and remand the case to the court of appeal to determine, after appropriate briefing from the parties, whether relator’s post-judgment actions constituted an acquiescence in the judgment.

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PER CURIAM.

Granted. The court of appeal erred in finding principles of res judicata barred plaintiff from appealing the trial court’s judgment. See La. R.S. 13:4231 (“a valid and final judgment is conclusive between the parties, except on appeal or other direct review”). The proper inquiry is whether relator voluntarily acquiesced in the trial court’s judgment pursuant to La. Code Civ. P. art. 2085. Because the court of appeal did not consider this issue, we vacate the judgment of the court of appeal and remand the case to the court of appeal to determine, after appropriate briefing from the parties, whether relator’s post-judgment actions constituted an acquiescence in the judgment.

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Bluebook (online)

847 So. 2d 1184, 2003 La. LEXIS 1340, 2003 WL 21040187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shadoin-v-shadoin-la-2003.