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FIRMATURE v. TOMMASI

No. 87-874.

533 So.2d 1326 (1988)

Jared Jake FIRMATURE, Plaintiff-Appellant, v. Albert TOMMASI, Jr., et al., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied December 22, 1988.

Attorney(s) appearing for the Case

P. Michael Maneille, Lake Charles, for plaintiff-appellant.

Larry A. Roach, Lake Charles, for defendants-appellees.

Before FORET, DOUCET and YELVERTON, JJ.

YELVERTON, Judge.

A judgment by default was confirmed against Albert Tommasi, Jr., because his attorney neglected to file an answer or other responsive pleadings to the lawsuit. The issue before us is whether this alone is sufficient to support an action of nullity under La.C.C.P. art. 2004. In conformity with established jurisprudence, we hold that it is not.

Jared Jake Firmature filed a suit against Tommasi on October 19, 1983, for personal injuries resulting...

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