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BARNES v. WILLIAMS

Nos. 2007-CA-0140, 2007-CA-0141.

997 So.2d 898 (2008)

Michael BARNES v. Lynn Eric WILLIAMS. Lynn Eric Williams, Jr. v. Michael Barnes.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied December 10, 2008.

Attorney(s) appearing for the Case

Deborah A. Pearce, New Orleans, LA, for Michael Barnes.

Ronald J. Landry, Metairie, LA, John J. Finckbeiner, Jr., New Orleans, LA, for Lynn Eric Williams, Jr.

(Court composed of Judge TERRI F. LOVE, Judge DAVID S. GORBATY, Judge ROLAND L. BELSOME).

TERRI F. LOVE, Judge.

This appeal arises from an altercation with resulting injuries. Following a default judgment, the alleged aggressor in the altercation filed an action for nullity. The trial court granted a motion in summary judgment against the alleged aggressor, holding that service of process of the original petition and judgment debtor rule was proper. We find that the trial court incorrectly made credibility determinations as to the affidavits filed by the...

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