341 So.3d 640
La. Ct. App.2022Background
- Brown filed a disputed workers' compensation claim (Sept. 28, 2018), later amended (June 18, 2019) to add Carl Perkins; both claims requested certified-mail service to 70325 Hwy. 1077, Ste. 300, Covington.
- OWC entered a preliminary default against Stratis Construction, LLC and Perkins (Oct. 23, 2019) and confirmed the default (Apr. 28, 2021), awarding indemnity and medical benefits.
- Defendants filed a petition to annul the default and a suspensive appeal, asserting they were never properly served.
- Supplemented record showed certified-mail receipts signed by individuals at the 70325 Hwy. 1077 address, but the Secretary of State lists Stratis’s registered address as 728 N. Theard Street and Perkins as registered agent; no evidence those signees were authorized recipients or that Perkins was personally served.
- The court concluded service was insufficient as to Stratis (not sent to registered address) and Perkins (no personal service or authorized recipient), held the default an absolute nullity, vacated both default judgments, and remanded for further proceedings; appeal maintained and costs taxed to Brown.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of service for default | Service was perfected by certified mail to 70325 Hwy. 1077 for both defendants | No one authorized at that address received service; Stratis must be served at registered address and Perkins was not personally served | Service insufficient; default is absolute nullity and vacated |
| Validity of default judgment | Default and confirmation were proper after certified-mail returns | Default void because defendants never received proper citation/service | Judgment vacated for absolute nullity; remanded |
| Prematurity of appeal due to pending annulment | Appeal should be heard despite collateral nullity action | Defendants argued annulment pending might affect appeal | Appeal not premature; nullity action does not prohibit appeal |
Key Cases Cited
- Arias v. Stolthaven New Orleans, L.L.C., 9 So. 3d 815 (La. 2009) (manifest error standard governs factual sufficiency review of default-related evidence)
- Jefferson Parish Hosp. Serv. Dist. No. 2 v. K & W Diners, LLC, 65 So. 3d 662 (La. App. 5th Cir. 2011) (service on an LLC must be at the registered address to be effective)
- Brigandi v. Egana, 788 So. 2d 680 (La. App. 5th Cir. 2001) (return of service must state capacity of person receiving service)
- Rivet v. Regions Bank, 838 So. 2d 1290 (La. 2003) (distinguishing absolute and relative nullities)
- Clay v. Clay, 389 So. 2d 31 (La. 1979) (default cannot be entered against an unserved defendant)
- Ware v. Foremost Ins. Co., 223 So. 3d 1 (La. App. 1st Cir. 2017) (reiterating service is essential and lack thereof renders proceedings absolutely null)
- Edwards v. First Bank & Trust, 181 So. 3d 726 (La. App. 1st Cir. 2013) (annulment for vice of form may be pursued collateral to appeal)
- Seale & Ross, P.L.C. v. Holder, 310 So. 3d 195 (La. App. 1st Cir. 2020) (argument of counsel is not evidence)