Legal Opinion · Concurrence

Cooper v. Southern Hunting Products, Ltd.

Louisiana Court of Appeal

Decided December 22, 2004No. 39,166-CAPublished

1Concurrence

hJ. MOORE,

concurring.

I concur with the result reached in the majority opinion that the defendants waived their right to complain about service of process of the motion for summary judgment for the reasons elaborated upon herein.

The law requires that a party must be served with the motion for summary judgment and its attachments 15 days before the time specified for the hearing on the matter. La. C.C.P. art. 966(B). Any defects in the service of the motion are waived only if a party makes a general appearance to oppose the motion and argues the merits of the motion. Richardson v. Lagniappe…

2Cases cited2 opinions

  1. Chaney v. Coastal Cargo, Inc.Louisiana Court of Appeal · 1999
  2. Richardson Ex Rel. Brown v. Lagniappe Hosp. Corp.Louisiana Court of Appeal · 2000

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