David Band v. First Bankcard Center
Cases that cite this one
5 later published cases cite this decision.
- Ramos v. Alexander (La. Ct. App. 2018)
- Ramos v. Alexander (La. Ct. App. 2018)
- Cornish v. Doctors Care, LLC (La. Ct. App. 2002)
- R & R Steel Erectors v. Watson (La. Ct. App. 2002)
- Tarpley v. Colfax Chronicle (La. 1995)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The application is granted in part. The judgment of the court of appeal, 644 So.2d 211, is amended to clarify that the reversal of a default judgment does not result in a dismissal, with prejudice, of plaintiffs claims. When, as here, the plaintiff has failed to establish a prima facie case against the defendant at the confirmation hearing, the plaintiffs claims aré not rejected; rather, the case is remanded to the trial court for further proceedings. See Ascension Builders v. Jumonville, 262 La. 519, 263 So.2d 875, 879 (1972); Griffin v. Pecanland Mall Association, Ltd., 535 So.2d 770, 772-73 (La.App. 2nd Cir. 1988), and the cases cited therein. Accordingly, this matter is remanded to the trial court for further proceedings.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.