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HOMER NAT. BANK v. NIX

No. 21665-CA.

566 So.2d 1071 (1990)

HOMER NATIONAL BANK, Plaintiff-Appellant, v. Dale Gibson NIX and Billie Jean Nix, Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

Writ Denied November 26, 1990.

Attorney(s) appearing for the Case

Cook, Yancey, King & Galloway by Bernard S. Johnson, Shreveport, for plaintiff-appellant.

Hal V. Lyons, Shreveport, for defendants-appellees.

Before HALL, MARVIN and FRED W. JONES, Jr., JJ.

MARVIN, Judge.

After consenting to a judgment in its 1987 action against Dale and Billie Jean Nix to rescind the sale of immovable property, the plaintiff bank appeals a judgment dismissing its 1988 action to have the 1987 consent judgment annulled under CCP Art. 2004 on allegations that the Nixes obtained it by fraud or ill practices.

The abuse-of-discretion standard of review applies to the trial court's determination...

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