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PORTER v. PORTER

No. 8509.

346 So.2d 871 (1977)

Mary Constance Hanes wife of John R. PORTER v. John Richard PORTER.

Court of Appeal of Louisiana, Fourth Circuit.

May 17, 1977.

Attorney(s) appearing for the Case

Anthony L. Marinaro, New Orleans, for plaintiff-appellee.

Gregory F. Gambel, New Orleans, for defendant-appellant.

Before SAMUEL, REDMANN and MORIAL, JJ.

REDMANN, Judge.

Plaintiff moves dismissal for untimeliness of defendant's appeal from a default judgment on rule for past due alimony.

No notice of the judgment was ever served upon defendant, and defendant was not personally served with plaintiff's rule. Defendant was in Nigeria; service was effected through his prior counsel of record (see Imperial v. Hardy, La.1974, 302 So.2d 5) who promptly withdrew. Defendant...

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