Summit Construction, Inc. v. Robinson Contracting & Equipment Rental, Inc.

líMOORE, J,

concurring.

I respectfully concur. In my view, the proof of service of citation is not as conspicuously absent as the majority suggests. The certified copy of “the within Process,” served by an East Baton Rouge Parish deputy on November 1, 2004, included both the petition and the notice of seizure. The fact that the notice of seizure was stamped, but not the citation, may well have been an oversight.

Nevertheless, the preliminary default was plainly premature. Service was effected on November 1; Robinson had 15 days to answer. La. C.C.P. art. 1001. Failure to answer within this time…