POSEY v. SMITH

No. 82-540.

427 So.2d 928 (1983)

Charles H. POSEY, et ux., Plaintiffs-Appellees, v. Doyle SMITH, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied March 22, 1983.


Attorney(s) appearing for the Case

Lloyd E. Hennigna, Jr., Jena, for defendant-appellant.

J.P. Mauffray, Jr., Jena, for plaintiffs-appellees.

Before STOKER, YELVERTON and KNOLL, JJ.


STOKER, Judge.

The issue brought up by this appeal is whether the failure of defendant to be given a requested notice of trial in the manner specified by LSA-C.C.P. art. 1572 renders invalid a judgment based on a trial on the merits conducted despite a lack of such notice. Defendant appeals from a money judgment against him for $32,500.00. At the trial defendant was neither present nor represented.

The defendant filed a reconventional demand with his answer...

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