(DOWNLOAD) "Union Planters Bank v. Commercial Capital Holding Corp." by First Circuit Court of Appeal of Louisiana # Book PDF Kindle ePub Free
eBook details
- Title: Union Planters Bank v. Commercial Capital Holding Corp.
- Author : First Circuit Court of Appeal of Louisiana
- Release Date : January 24, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
This is an appeal of a trial court judgment sustaining a peremptory exception raising the objection of res judicata urged by State Farm Indemnity Company and State Farm Mutual Automobile Insurance Company (State Farm) in response to a third party demand brought by Commercial Capital Holding Corporation. The basis of the res judicata objection is a judgment rendered by a New Jersey court. On the trial of the peremptory exception raising the objection of res judicata, the burden of proving the facts essential to sustaining the objection is on the party pleading the objection. Diamond B Const. Co., Inc. v. Department of Transp. and Development, 02-0573 (La.App. 1 Cir. 2/14/03), 845 So.2d 429, 435. When a party raises an objection of res judicata, the court must examine not only the pleadings but also the entire record in the first suit, to determine whether the second suit is, in fact, barred by res judicata. See Sewell v. Argonaut Southwest Ins. Co., 362 So.2d 758, 760 (La.1978).
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