Louisiana Court of Appeal, 1982

Times Mirror Magazines, Inc. v. Trask

Times Mirror Magazines, Inc. v. Trask
Louisiana Court of Appeal · Decided June 8, 1982 · Boutall, Dufresne, Grisbaum
416 So. 2d 589; 1982 La. App. LEXIS 7582 (Southern Reporter, Second Series)

Times Mirror Magazines, Inc. v. Trask

Opinion of the Court

DUFRESNE, Judge.

This is an open account collection suit by plaintiff, Times Mirror Magazines, Inc. against defendant, John B. Trask, Jr. d/b/a Ascot. The defendant did not file an answer in the suit and a default judgment was confirmed by the plaintiff on September 24, 1979. The record reflects that a Judgment Debtor examination of John B. Trask, Jr. was held on November 30, 1979 which was marked satisfied.

On August 21, 1980, the defendant, John B. Trask, Jr. filed a petition to nullify the judgment of September 24, 1979. The petition was properly answered by the plaintiff and a trial held and judgment rendered February 2, 1981 dismissing with prejudice the petition to nullify. From this judgment the defendant has appealed.

Neither the appellant nor the appellee filed a brief and neither appeared for oral argument.

From a review of the record, we are not persuaded by the appellant’s appeal. We agree with the result reached by the trial judge and affirm the decision at appellant’s costs.

AFFIRMED.

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