Legal Opinion · Dissent

Designer's Gallery v. Hagen

Louisiana Court of Appeal

Decided December 15, 1992No. 92-CA-0004Published

1DissentPlotkin, Judge

I respectfully dissent from the majority opinion in this case because under the law the plaintiff has produced evidence sufficient to establish a prima facie case to confirm a default judgment. LSA-C.C.P. art 1702(B)(3). In order to meet its burden of proof on this issue, the plaintiff must present two things: (1) the account itself and (2) an affidavit or testimony of a competent witness verifying the correctness of the account. American Dist. Tel. Co. v. Rault, 378 So.2d 194 (La.App. 4th Cir.1979). The presence in the record of the invoices attached to the petition meets the first…

2Cases cited3 opinions

  1. American Dist. Tel. Co. v. RaultLouisiana Court of Appeal · 1979
  2. ROLL-LITE OVERHEAD DOORS, DIV. OF ARCHITECTURAL SPECIALTIES CO. v. Clover Contr., Inc.Louisiana Court of Appeal · 1988
  3. DePaul Hosp. v. CelestinLouisiana Court of Appeal · 1985

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