Legal Opinion

Citadel Builders, L.L.C. v. Dirt Worx of Louisiana, L.L.C.

Supreme Court of Louisiana

Decided May 1, 2015No. 2014-C-2700PublishedCited by 7 opinions

1Per curiam

_JjThis matter involves a default judgment for $1,256,205.39, plus legal interest, which was entered in favor of plaintiff and against defendant, Dirt Worx of Louisiana, L.L.C. We find the trial court’s failure to conduct a contradictory hearing on plaintiffs motion to strike defendant’s answer from the record was erroneous based on La. C.C:P. art. 964 and that the error was not harmless. Accordingly, we vacate and set aside the default judgment entered against defendant and remand for further proceedings.

BACKGROUND

Plaintiff filed suit against defendant for breach of a contract to provide…

Also in this document: Dissent.

2Cases cited4 opinions

  1. Capo v. BlanchardLouisiana Court of Appeal · 1924
  2. Hazelwood Farm, Inc. v. Liberty Oil & Gas Corp.Louisiana Court of Appeal · 2001
  3. Citadel Builders, L.L.C. v. Dirt Worx of Louisiana, L.L.C.Louisiana Court of Appeal · 2014
  4. Seelig v. Kit World Super Store, Inc.Louisiana Court of Appeal · 1998

3Cited by7 opinions

  1. Adolph v. Lighthouse Property Insurance Corp.Louisiana Court of Appeal · 2017
  2. Ryan Gootee General Contractors, LLC v. Plaquemines Parish School Board & One Construction, Inc.Louisiana Court of Appeal · 2015
  3. Wholesale Auto Grp., Inc. v. La. Motor Vehicle Comm'nLouisiana Court of Appeal · 2018
  4. Carpenter v. Guillory Inv., Inc.Louisiana Court of Appeal · 2019
  5. Carpenter v. Guillory Inv., Inc.Louisiana Court of Appeal · 2019

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