KEMP v. FERNANDEZ

No. 80-C-2279.

390 So.2d 1336 (1980)

James E. KEMP d/b/a Capital Leasing Company v. Julian E. FERNANDEZ.

Supreme Court of Louisiana.

November 26, 1980.


Writ denied.

LEMMON, J., concurs and assigns reasons.

LEMMON, Justice, concurring.

I would treat the petition for injunction as a petition for nullity of judgment, since that pleading asserted that plaintiff had wrongfully obtained a judgment for unearned discount of approximately $15,000. Under that approach defendant arguably was seeking to annul the judgment as one obtained by ill practice. C.C.P. art. 2004. However, defendant was apparently present...

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