GAZEBO, INC. v. CITY OF NEW ORLEANS

No. 97-C-2769.

710 So.2d 354 (1998)

GAZEBO, INC., Jean and George Mellen v. CITY OF NEW ORLEANS, et al.

Court of Appeal of Louisiana, Fourth Circuit.

March 23, 1998.


Attorney(s) appearing for the Case

Harry D. Hoskins, III, Hoskins & Hoskins, New Orleans, for Plaintiffs/Respondents.

Stuart H. Smith, Michael G. Stag, Gregory D. Guth, Law Offices Of Sacks & Smith, New Orleans, for Plaintiff-In-Intervention/Relator.

Evelyn F. Pugh, Deputy City Attorney, Deborah L. Wilson, Chief Deputy City Attorney, Avis Marie Russell, City Attorney, New Orleans, for Defendants/Defendants-In Intervention/Respondents.

Before ARMSTRONG, PLOTKIN and WALTZER, JJ.


PLOTKIN, Judge.

The primary issue in this writ application is whether a party may assert a relative nullity based on alleged fraud and ill practices under the provisions of La. C.C.P. art. 2004 in a contradictory motion filed in the same proceeding as that which produced the offending judgment, rather than a separate petition in a separate proceeding. Because the relative nullity was raised by contradictory motion in the instant case, we affirm the trial court judgment...

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