YANCY v. LIBERTY SURPLUS INS. CO.

No. 2008-CA-0280.

996 So.2d 47 (2008)

Tyrone YANCY and Florence Yancy v. LIBERTY SURPLUS INSURANCE COMPANY, Delta Waste Systems, Inc. and Aturo S. Small, Jr.

Court of Appeal of Louisiana, Fourth Circuit.

September 24, 2008.


Attorney(s) appearing for the Case

David W. Bernberg, Henna Ghafoor, The Law Office of David W. Bernberg, L.L.C., New Orleans, LA, for Plaintiffs/Appellees.

Judy Y. Barrasso, H. Minor Pipes III, Susan M. Rogge, Barrasso Usdin Kupperman Freeman & Sarver, New Orleans, LA, for Liberty Surplus Insurance Company.

Jay R. Sever, Christopher R. Teske, Phelps Dunbar LLP, New Orleans, LA, for Scottsdale Insurance Company.

Court composed of Judge PATRICIA RIVET MURRAY, Judge TERRI F. LOVE, Judge DAVID S. GORBATY.


PATRICIA RIVET MURRAY, Judge.

Defendants Liberty Surplus Insurance Company ["Liberty Surplus"] and Scottsdale Insurance Company ["Scottsdale"] appeal the default judgment rendered against them in the personal injury action brought by plaintiffs, Tyrone and Florence Yancy. For the reasons that follow, we vacate the default judgment and remand the matter to the trial court.

FACTS AND PROCEEDINGS BELOW

On June 28, 2005 Mr. and Mrs. Yancy filed suit...

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