Legal Opinion

Pleasant v. Pleasant

Louisiana Court of Appeal

Decided August 28, 1978No. 13603PublishedCited by 2 opinions

1Opinion of the Court

MARVIN, Judge.

In this divorce proceeding after a legal separation, the husband appeals from a default judgment against him for permanent alimony. He contends his wife did not sus*1172tain the burden of proof. We agree and reverse on this point and remand.

A prima facie case must be established in order to confirm a default judgment. C.C.P. Art. 1702. City of Monroe v. Fussell, 297 So.2d 482 (La.App.2d Cir. 1974). This record contains a transcript of the proceedings on confirmation of the default and it is upon this record that we must determine whether all essential elements of the wife’s demand…

2Cases cited4 opinions

  1. Frederic v. FredericSupreme Court of Louisiana · 1974
  2. Acme Poster Advertising Co. v. STATE, ETC.Louisiana Court of Appeal · 1977
  3. City of Monroe v. FussellLouisiana Court of Appeal · 1974
  4. Fontaine v. FitzpatrickLouisiana Court of Appeal · 1974

3Cited by2 opinions

  1. Moss v. MossLouisiana Court of Appeal · 1980
  2. Buxton v. BuxtonLouisiana Court of Appeal · 1982

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