McINTYRE v. SUSSMAN

No. 2010-CA-1281.

76 So.3d 1257 (2011)

Mary Elizabeth Embry McINTYRE v. Diane Dickhaus SUSSMAN, Wife of and David C. Sussman, Home Spec, Inc., George V. Swain, Wilkinson & Jeansonne, LLC d/b/a French Quarter Realty, and Brett Massony.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied November 16, 2011.


Attorney(s) appearing for the Case

Robert E. Couhig, III , Robert E. Couhig, Jr. , Couhig Partners, LLC, New Orleans, LA, for Defendant/Appellee.

Peter S. Koeppel , W. Scarth Clark , Jonathan H. Adams , Chet D. Traylor , Best Koeppel & Traylor, New Orleans, LA, for Appellant, Lexington Insurance Company.

Lloyd N. Frischhertz, Jr. , Frischhertz and Associates, L.L.C., New Orleans, LA, for Defendants/Appellees, George Swain and Home Spec., Inc.

(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge MICHAEL E. KIRBY, Judge TERRI F. LOVE).


TERRI F. LOVE, Judge.

This appeal arises from the confirmation of a default judgment against a home inspector, home inspection company, and their insurer based on the alleged negligence regarding the inspection of the plaintiffs property. We find that the plaintiff failed to sustain her burden of proof to confirm a default judgment. Therefore, we reverse the default judgment as to the alleged insurer, vacate, and remand for further proceedings consistent with this...

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