GERHARDT'S, INC. v. AMERICAN DIESEL EQUIPMENT, INC.

No. 89-CA-2273.

569 So.2d 80 (1990)

GERHARDT'S, INC. v. AMERICAN DIESEL EQUIPMENT, INC.

Court of Appeal of Louisiana, Fourth Circuit.

October 11, 1990.


Attorney(s) appearing for the Case

Alan J. Levith, Kennedy & Levith, Metairie, for appellee.

Leigh Traverse, Syracuse and Traverse, Metairie, for appellant.

Before BYRNES, CIACCIO and WILLIAMS, JJ.


WILLIAMS, Judge.

The sole issue in this appeal is whether service of process made on defendant's manager employee who was not a registered agent for service of process was effective. We hold that, because defendant's registered agent had not died, resigned or been removed as contemplated in LSA-C.C.P. art. 1261, service on defendant's employee was ineffective. Therefore, we reverse the ruling of the trial court and set aside the default judgment.

Plaintiff...

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