Legal Opinion
Gerhardt's, Inc. v. American Diesel Equipment, Inc.
Louisiana Court of Appeal
Decided October 11, 1990No. 89-CA-2273PublishedCited by 4 opinions
1Opinion of the Court
WILLIAMS, Judge.
The sole issue in this appeal is whether service of process made on defendant’s manager employee who was not a registered agent for service of process was effective. We hold that, because defendant’s registered agent had not died, resigned or been removed as contemplated in LSA-C.C.P. art. 1261, service on defendant’s employee was ineffective. Therefore, we reverse the ruling of the trial court and set aside the default judgment.
Plaintiff, Gerhardt’s, Inc., filed a petition on an open account requesting that service of process be made on defendant, American Diesel Equipment,…
2Cases cited1 opinion
- Yaniga v. Coleman American Moving Services, Inc.Louisiana Court of Appeal · 1986
3Cited by4 opinions
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- Washington v. Premiere Automotive, L.L.C.Louisiana Court of Appeal · 2004
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