Ascension Builders, Inc. v. Jumonville

I respectfully dissent. The majority’s holding is contrary to Delahoussaye v. Ackal, 261 La. 200, 259 So.2d 63 (1972), and numerous other decisions of this court.

On May 13, 1968, the trial court awarded a default judgment in favor of the plaintiff. The judgment recited that such judgment was entered only after the plaintiff had produced “duo proof in support of plaintiff’s demands”. The trial court further recited that the judgment was entered confirming the earlier preliminary default, “the law and the evidence being in favor of the plaintiff and against the defendants”.

Now, four years…