Morice v. Alan Yedor Roofing & Construction, 216 So. 3d 1072

In July 2002 Dr. Natchez Morice sued “Alan Yedor Roofing and Construction” and Alan Yedor in Jefferson Parish Court alleging faulty roof repairs; initial sheriff returns indicated service attempts at 1507 Demothenes failed.
A private process server (Keith Lobrano) filed returns stating personal service on Alan Yedor and the business in September 2002, but returns omitted the location and defendant disputes service.
On May 15, 2003 the parish court entered a default judgment against Alan Yedor Roofing and Construction for $18,604.06 plus interest, attorney’s fees and costs; the record contained only an Affidavit of Non‑Military Service as proof.
Clerk-issued notice of judgment (May 2003) could not be served at the Demothenes address; no clerk’s certificates showing mailing of notice of signing under La. C.C.P. art. 1913 appear in the record.
Procedural activity resumed years later: revival of judgment (2013), debtor rule and enforcement actions (2015–2016), contested service and multiple hearings; the trial court ultimately issued a writ of fieri facias and later set a suspensive appeal bond.
On appeal the Fifth Circuit addressed threshold jurisdictional questions about appeal delays tied to proper notice and then considered whether the default judgment was supported by prima facie proof.

Issue	Plaintiff's Argument (Morice)	Defendant's Argument (Yedor)	Held
Whether appellate jurisdiction is lost for untimely appeal	Appeal delays began when the clerk mailed notice of signing or when private server served documents in 2016	Delays never commenced because proper notice/mailing under art. 1913 was not made; service returns are defective	Court retained jurisdiction—considerable doubt about proper notice; resolve in favor of maintaining appeal
Whether default judgment was supported by prima facie evidence (La. C.C.P. art. 4904)	Default judgment valid; service occurred earlier and judgment stands	Judgment unsupported: record lacks competent evidence of damages or fee claim (only non‑military affidavit)	Vacated—the record lacked relevant and competent evidence to support default judgment
Whether attorney’s fees awarded were proper though not pleaded	Fees were recoverable as awarded	Fees were not prayed for in petition; thus not recoverable	Court need not decide because judgment vacated on evidentiary grounds (error to award fees without proof/pleading)
Whether petition was properly served initially	Service returns indicate personal service in 2002	Defendant denies valid service; returns lack place and are defective	Court found service returns deficient for purposes of triggering appeal delays; service dispute contributed to jurisdictional doubt

Alexander v. Maki, 183 So.3d 821 (La. App. 5 Cir. 2016) (untimely appeal deprives appellate jurisdiction)
Myles v. Turner, 612 So.2d 32 (La. 1993) (appeal delay runs from receipt of clerk’s mailed notice when required)
Sessions & Fishman v. Liquid Air Corp., 616 So.2d 1264 (La. 1993) (presumption in favor of default judgments does not attach where record shows otherwise)
Moreau v. Griffith, 686 So.2d 663 (La. App. 3 Cir. 1996) (vacating default judgment for insufficient evidence)
9029 Jefferson Hwy., L.L.C. v. S & D Roofing, L.L.C., 136 So.3d 313 (La. App. 5 Cir. 2014) (actual notice outside record does not substitute for clerk’s required mailing under art. 1913)
Hacienda Constr., Inc. v. Newman, 44 So.3d 333 (La. App. 5 Cir. 2010) (same principle on notice and delays)
Albitar v. Albitar, 197 So.3d 332 (La. App. 5 Cir. 2016) (filing certain motions can constitute notice or waiver and trigger appeal delays)
U.S. Fire Ins. Co. v. Swann, 424 So.2d 240 (La. 1982) (appeals favored; doubts resolved to maintain appeal)

Disposition: Judgment vacated and case remanded for further proceedings.