Legal Opinion
Ardoin v. Daily
Louisiana Court of Appeal
Decided May 5, 2010No. 10-13PublishedCited by 3 opinions
1Opinion of the Court
J. DAVID PAINTER, Judge.
| Asserting that he was never served with the original petition, Defendant, Kirk Shane Daley, appeals the dismissal of his petition for nullity of a default judgment entered by the trial court. For the following reasons, we reverse the judgment of the trial court, render judgment vacating the default judgment, and remand for further proceedings.
FACTS AND PROCEDURAL HISTORY
On May 22, 2008, Plaintiff filed a petition for damages naming Daley as Defendant and alleging that he sustained damages as a result of a battery committed on him by Defendant. The petition was marked…
2Cases cited3 opinions
- Insurance Corp. of Ireland v. Compagnie Des Bauxites De GuineeSupreme Court of the United States · 1982
- Bordelon v. Medical Center of Baton RougeSupreme Court of Louisiana · 2004
- River City Fed. Sav. Bank v. Video Assoc.Louisiana Court of Appeal · 2002
3Cited by3 opinions
- Dana Duhon v. Kathryn BrouilletteLouisiana Court of Appeal · 2016
- Duhon v. BrouilletteLouisiana Court of Appeal · 2016
- State v. WhiteLouisiana Court of Appeal · 2015