ARDOIN v. DAILY

No. 10-13.

38 So.3d 494 (2010)

Adrian C. ARDOIN, Sr. v. Kurt DAILY (Kirk Shane Daley).

Court of Appeal of Louisiana, Third Circuit.

May 5, 2010.


Attorney(s) appearing for the Case

John Green, Jr., Lake Charles, LA, for Defendant-Appellant: Kirk Shane Daley.

Janice H. Barber, Jennifer K. Barber, Sulphur, LA, for Plaintiff-Appellee: Adrian C. Ardoin, Sr.

Court composed of JIMMIE C. PETERS, MARC T. AMY, and J. DAVID PAINTER, Judges.


J. DAVID PAINTER, Judge.

Asserting that he was never served with the original petition, Defendant, Kirk Shane Daley, appeals the dismissal of his petition for nullity of a default judgment entered by the trial court. For the following reasons, we reverse the judgment of the trial court, render judgment vacating the default judgment, and remand for further proceedings.

FACTS AND PROCEDURAL HISTORY

On May 22, 2008, Plaintiff filed a petition for damages...

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