Legal Opinion · Dissent

Pope v. Roberts

Louisiana Court of Appeal

Decided April 16, 2014No. 2013 CA 1407Published

1DissentKuhn, J.

| Nlie proper method for contesting the sufficiency of service of process is by filing a declinatory exception, which is a special pleading that must be filed within a prescribed period. See La. C.C.P. art. 921 et seq. Article 928 mandates that a declina-tory exception must in all events be filed prior to the confirmation of a default judgment. Once a default judgment has been rendered, the defendant’s sole remedy for raising this issue is to file a suit to annul the judgment. See Rivera v. Blossom, OB-1629 (La.App. 4th Cir.4/7/04), 872 So.2d 541, 543; Guidry’s Seafood Distributors, Inc. v.…

2Cases cited2 opinions

  1. Guidry's Seafood Distributors, Inc. v. Farmers Seafood Company, Inc.Louisiana Court of Appeal · 1999
  2. Rivera v. BlossomLouisiana Court of Appeal · 2004

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