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ROPER v. DAILEY

No. 67019.

393 So.2d 85 (1980)

Daniel ROPER v. Pamela J. DAILEY.

Supreme Court of Louisiana.

On Rehearing January 26, 1981.

Attorney(s) appearing for the Case

Donald Ensenat, G. Michael Bourgeois, Camp, Carmouche, Palmer, Barsh & Hunter, New Orleans, for plaintiff-applicant.

Kenneth Michael Wright, Nathan A. Cormie & Associates, Lake Charles, for defendant-respondent.

DENNIS, Justice.

In this review of an action to annul a judgment we are called upon to decide whether the plaintiff, Dennis Roper, bore his burden of proving lack of service of process by the clear and convincing evidence needed to rebut the presumption of validity attached to a serving officer's return. We conclude that plaintiff did not carry his burden of proof and affirm the court of appeal, 379 So.2d 67, and trial court decisions...

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