151 So. 3d 679
La. Ct. App.2014Background
- Parker alleges he holds fourteen to seventeen promissory notes executed by Schneider and attached copies to the petition.
- Schneider, served under Louisiana's long-arm statute, did not answer; Parker obtained a default.
- Trial court entered a default judgment on November 14, 2013 for $99,713.90 plus interest, fees, and costs.
- Schneider appeals raising three assignments of error related to the default, interest, and fees.
- Court reviews default judgment standards and the sufficiency of evidence to prove a prima facie case.
- This court vacates the default judgment due to an insufficiency in the supporting affidavit and remands for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the default judgment was valid based on the attorney affidavit | Parker contends the affidavit proves the sums due. | Schneider argues the affidavit lacks personal knowledge. | Vacated; default judgment set aside; remanded. |
| Whether the promissory notes' interest provision is lawful under Louisiana law | Notes provide interest as prayed for. | Interest exceeds permissible Louisiana rates. | Not reached; remand. |
| Whether the attorney's fees award is appropriate | Fees were warranted by the proceedings. | Fees improperly awarded or unsupported. | Not reached; remand. |
Key Cases Cited
- McIntyre v. Sussman, 76 So.3d 1257 (La.App. 4 Cir. 2011) (standard for confirmation of default judgments; prima facie case)
- Gresham v. Prod. Mgmt., Inc., 868 So.2d 171 (La.App. 4 Cir. 2004) (limit on appellate review for default judgments)
- Arias v. Stolthaven New Orleans, LLC, 9 So.3d 815 (La.5/5/09) (proof standard for prima facie case under open-account/note)
- Sessions & Fishman v. Liquid Air Corp., 616 So.2d 1254 (La.1993) (evidentiary requirements for affidavits supporting default judgments)
- Thibodeaux v. Burton, 538 So.2d 1001 (La.1989) (elements and proof in promissory-note actions)