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CAMPBELL v. SELECT CAR CO., INC.

No. 38,443-CA.

874 So.2d 391 (2004)

Ernest CAMPBELL, Plaintiff-Appellee, v. SELECT CAR COMPANY, INC., Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied June 17, 2004.

Attorney(s) appearing for the Case

Bodenheimer, Jones, Szwak & Winchell, LLP, by David A. Szwak, Shreveport, for Appellant.

Legal Services of North Louisiana, by Henry Allyn Sale, for Appellee.

Before BROWN, WILLIAMS and CARAWAY, JJ.

CARAWAY, J.

This appeal results from a default proceeding in city court. The defendant filed a motion for new trial arguing that his answers to discovery requests filed prior to the default, his receipt of formal notice of trial before the default, and his communications with plaintiff's counsel concerning the trial setting tainted the process leading to the default judgment requiring its nullification. After hearing evidence...

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