Supreme Court of Louisiana, 1977

Southwest Sales & Manufacturing Co. v. Delta Express, Inc.

Southwest Sales & Manufacturing Co. v. Delta Express, Inc.
Supreme Court of Louisiana · Decided April 27, 1977 · Tate
345 So. 2d 48; 1977 La. LEXIS 5313 (Southern Reporter, Second Series)

Southwest Sales & Manufacturing Co. v. Delta Express, Inc.

Opinion of the Court

In re: Delta Express, 1‘nc. and D. E. Lester, Jr. applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit, Parish of Natchitoches.

Writ denied. The result is correct.

Dissenting Opinion

TATE, J.,

based on the showing that the pleadings as a whole in suit leading to the judgment annulled prevented a valid default judgment therein (as if no answer had been filed), I cannot say the court of appeal erred in granting a judgment of nullity. La.C.C.P. art. 2002(2).

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