U.S. BANK NAT. ASS'N v. CUSTER

No. 09-CA-802.

33 So.3d 303 (2010)

U.S. BANK NATIONAL ASSOCIATION, as Trustee v. Perry CUSTER, Jr. and Internal Revenue Service.

Court of Appeal of Louisiana, Fifth Circuit.

February 9, 2010.


Attorney(s) appearing for the Case

Robert Angelle, Attorney at Law, Metairie, LA, Charles V. Cusimano, III, Attorney at Law, New Orleans, LA, for Defendant/Appellant.

Daniel A. Reed, Attorney at Law, Baton Rouge, LA, for Plaintiff/Appellee.

Panel composed of Judges WALTER J. ROTHSCHILD, FREDERICKA HOMBERG WICKER, and JUDE G. GRAVOIS.


JUDE G. GRAVOIS, Judge.

Defendant, Percy Custer, Jr., has appealed a default judgment that was entered against him. For the reasons that follow, we vacate the judgment of the trial court and remand this matter for further proceedings.

PROCEDURAL HISTORY

On November 24, 2008, the plaintiff, U.S. Bank National Association, as Trustee ("U.S.Bank"), filed a petition as an ordinary proceeding entitled "Suit on Promissory Note" against defendant...

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