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ELLIOTT v. KENNEDY

No. 17988-CA.

493 So.2d 265 (1986)

David Joseph ELLIOTT, Plaintiff-Appellee, v. Eddie James KENNEDY, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied September 18, 1986.

Attorney(s) appearing for the Case

Dennis Grady Stewart, Winnsboro, for defendant-appellant.

Charles L. Little, III, Oak Grove, for plaintiff-appellee.

Before MARVIN, JASPER E. JONES and FRED W. JONES, JJ.

FRED W. JONES, Judge.

On November 15, 1984 a default judgment for $18,000 was confirmed in favor of plaintiff Elliott against defendant Kennedy. On November 26, 1984, defendant filed a motion for a new trial, later amended to assert that his original counsel was negligent in failing to file an answer to plaintiff's petition. Upon denial of the motion for a new trial defendant appealed, contending that (1) the evidence offered by plaintiff upon confirmation of the...

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