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SMITH v. AVANT GARDE HOMEOWNERS ASS'N, INC.

No. 06-CA-427.

945 So.2d 89 (2006)

Shawn SMITH and Raychelle Fields v. AVANT GARDE HOMEOWNERS ASSOCIATION, INC., General Star Indemnity Company, Eustis Risk Management Resources, Cassie Billedeau, Joan Vanginneken and ABC Insurance Company.

Court of Appeal of Louisiana, Fifth Circuit.

October 31, 2006.

Attorney(s) appearing for the Case

Marianne S. Pensa, Frederick A. Miller & Associates, Metairie, Louisiana, for Defendant/Appellant.

Ashley L. Belleau, Patrick H. Patrick, Patrick, Miller, Burnside & Belleau, L.L.C., New Orleans, Louisiana, for Defendant/Appellee.

Panel composed of Judges EDWARD A. DUFRESNE, Jr., THOMAS F. DALEY, and FREDERICKA HOMBERG WICKER.

FREDERICKA HOMBERG WICKER, Judge.

This is an appeal from the confirmation of a default judgment against third party defendant, Johannes Van Ginneken. For reasons that follow, we vacate the judgment of the trial court and remand the matter.

Plaintiffs in the underlying action are neighbors who brought suit against several defendants, including Joan Van Ginneken, for fire damage sustained to their condominiums. According to the petition filed on June 14, 2005...

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