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GUISE SHEET METAL CO., INC. v. LA QUINTA DEVELOPMENT

No. 2002-CA-2515.

848 So.2d 666 (2003)

GUISE SHEET METAL COMPANY, INC. v. LA QUINTA DEVELOPMENT PARTNER, L.P., A Texas Corporation, Brice Building Company, Inc., La Quinta Inns, Inc., Tower Mechanical Contractors, Inc., and American Home Assurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

May 21, 2003.

Attorney(s) appearing for the Case

Roger C. Linde, Thomas F. Gardner, Douglas A. Kewley, Mary Ann Darr Wegmann, Gardner & Kewley, Metairie, LA, for Plaintiff/Appellee.

Bruce C. Butcher, Corinne Van Dalen, Law Office of Bruce C. Butcher, New Orleans, LA, and David R.M. Williams, Metairie, LA, for Defendant/Appellant.

(Court composed of Judge JOAN BERNARD ARMSTRONG, Judge MAX N. TOBIAS JR., and Judge LEON A. CANNIZZARO JR.).

JOAN BERNARD ARMSTRONG, Judge.

This is an action for nullity of a default judgment. The nullity action was dismissed as untimely. The plaintiff in the nullity action appeals. Because we do not believe that we can determine, without an evidentiary record, whether or not the nullity action was timely filed, we will remand for an evidentiary hearing.

Guise Sheet Metal Company, Inc. ("Guise") filed suit against Towers Mechanical Contractors, Inc. ("Towers") for...

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