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CARTE BLANCHE PLUMBING & HEATING REPAIR SERVICE, INC. v. VAN HAELER

No. 7577.

337 So.2d 654 (1976)

CARTE BLANCHE PLUMBING AND HEATING REPAIR SERVICE, INC. v. Arnold VAN HAELER.

Court of Appeal of Louisiana, Fourth Circuit.

September 14, 1976.

Attorney(s) appearing for the Case

Roy S. Lilley, Lea, Lilley & Brainis, Metairie, for plaintiff-appellee.

Michael H. Bagot, John H. Gniady, New Orleans, for defendant-appellant.

Before REDMANN, BOUTALL and SCHOTT, JJ.

REDMANN, Judge.

On defendant's appeal from a $775 default judgment for an alleged open account balance, we annul for lack of proof and remand.

C.C.P. 4896 (applicable in this Parish Court, R.S. 13:2561.10, and in cases over $100, C.C.P. 5002) provides that "prima facie proof may be submitted by affidavit" in taking a default judgment for a sum due on a conventional obligation.

Our affidavit, however, does...

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