Morgan v. Winbeau Oil & Gas Co.

STEWART J.,

concurring.

^JjWhile I agree that the default judgment should be reversed and the matter remanded for further proceedings, I would reach this result upon finding that the plaintiff, Robert W. Morgan a/k/a Morgan Enterprises, Inc. (“Morgan”), failed to present evidence sufficient to establish a prima facie case of his fraud claim.

Confirmation of a default judgment requires “proof of the demand sufficient to establish a prima facie case.” La. C.C.P. art. 1702(A). A prima facie case is established by proving the essential allegations of the petition with competent evidence to the same…