Louisiana Court of Appeal, 2004

Harris v. Johnson Plumbing, Inc.

Harris v. Johnson Plumbing, Inc.
Louisiana Court of Appeal · Decided July 29, 2004 · Gaskins, Lolley, Moore
880 So. 2d 112; 2004 La. App. LEXIS 1884; 2004 WL 1690262 (Southern Reporter, Second Series)

Harris v. Johnson Plumbing, Inc.

Opinion of the Court

PER CURIAM.

The parties to this workers’ compensation case have filed a joint motion to expedite this appeal because they agree that the judgment appealed from should be reversed or annulled. Upon examination of the record, we agree that the judgment of the Office of Workers’ Compensation (“OWC”) should be reversed due to the lack of notice to the employer of the rendition of a preliminary default judgment. La. C.C.P. art. 1702(A); Benton v. International Paper Company, 35,977 (La. App.2d Cir.5/8/02), 817 So.2d 443. Accordingly, the parties’ motion is granted. Under the authority of U.R.C.A. Rule 2-11.3, we decide this case summarily without oral argument. The January 12, 2004, judgment of the OWC is reversed, and this matter is remanded to the OWC for further proceedings. Costs of this appeal are assessed equally to both parties.

REVERSED AND REMANDED.

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