Posey v. Smith

STOKER, Judge.

The issue brought up by this appeal is whether the failure of defendant to be given a requested notice of trial in the manner specified by LSA-C.C.P. art. 1572 renders invalid a judgment based on a trial on the merits conducted despite a lack of such notice. Defendant appeals from a money judgment against him for $32,500.00. At the trial defendant was neither present nor represented.

The defendant filed a reconventional demand with his answer, but the judgment makes no mention of the reconventional demand.

After a hearing the trial court denied a motion for a new trial filed by…