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MITCHELL v. BASS

No. 2001 CA 2217.

835 So.2d 778 (2002)

Hawatha MITCHELL, Zachary Mitchell, and Rosalind Smith, as Parent of Starshema Mitchell v. Russell BASS, Nobel Insurance Company and Safeway Insurance Company of Louisiana.

Court of Appeal of Louisiana, First Circuit.

November 8, 2002.

Attorney(s) appearing for the Case

Robert Carter, Greensburg, for Plaintiffs-Appellees Hawatha Mitchell, Zachary Mitchell, and Rosalind Smith.

Steven M. Spiegel, Metairie, for Defendant-Appellant Russell Bass.

Colette Ranatza, Metairie, for Defendant-Appellee Nobel Insurance Company.

Keith Borne, Lafayette, for Defendant-Appellee Safeway Insurance Company of Louisiana.

Before: FITZSIMMONS, GUIDRY, and PETTIGREW, JJ.

PETTIGREW, J.

In this case, the trial court rendered a default judgment in favor of cross-claimant, Safeway Insurance Company of Louisiana, and against cross-defendant, Russell Bass, in the amount of $17,500.00. Mr. Bass appeals, alleging the default judgment should be declared a nullity because no proof of service exists. For the reasons that follow, we reverse the trial court's judgment and remand for further proceedings.

FACTS AND PROCEDURAL HISTORY

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