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SUMMIT CONSTRUCTION, INC. v. ROBINSON CONTR. AND EQ. REN.

No. 40,029-CA.

909 So.2d 684 (2005)

SUMMIT CONSTRUCTION, INC., Plaintiff-Appellee v. ROBINSON CONTRACTING AND EQUIPMENT RENTAL, INC., Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

August 17, 2005.

Attorney(s) appearing for the Case

Hudson, Potts & Bernstein by Brady D. King, II, Monroe, for Appellant.

Leo A. Miller, Jr., Monroe, for Appellee.

Before BROWN, CARAWAY and MOORE, JJ.

CARAWAY, J.

Defendant appeals the trial court's rendition of a default judgment against it. Finding that the record is devoid of evidence of the sheriff's return for service of citation, we nullify the default judgment and remand.

Facts

In July 2000, Summit Construction, Inc. ("Summit"), as lessor, and Robinson Contracting and Equipment Rental, Inc. ("Robinson"), as lessee, entered into a lease of industrial facilities. Subsequently, in October...

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