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Law School Case Brief

Burdine & Assocs., Inc. v. Noel - 550 So. 2d 677 (La. Ct. App. 1989)

Rule:

An action to annul a judgment must be instituted as an ordinary proceeding, which requires citation and service.

Facts:

A realtor obtained a default judgment against an appraisal purchaser for payment on an appraisal fee. Thereafter, the purchaser filed a summary proceeding motion to set aside the default judgment. The trial court granted the motion and set aside the default judgment. The realtor appealed, arguing that the trial court erred in setting aside the default judgment. 

Issue:

Did the trial court err in setting aside a default judgment in its favor against the appraisal purchaser?

Answer:

Yes

Conclusion:

The appellate court reversed the judgment of the lower court. The court held that an action to annul a judgment must be instituted as an ordinary proceeding, which required citation and service. The court stated that summary process was not authorized unless an action fell within one of the 10 listed categories of La. Code Civ. Proc. Ann. art. 2592 or was otherwise authorized by law. The court reversed the order of the trial court overruling the realtor's exception and setting aside the default judgment.

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