Summary
recognizing that if a plaintiff fails to establish a prima facie case, his claims are not rejected and the case may be remanded for further proceedings.
Summary of this case from Jackson v. UseyOpinion
No. 94-C-3062
Decided February 9, 1995
IN RE: Band, David/Profess. Law Corp.; Band, David Individually; — Plaintiff(s); Applying for Writ of Certiorari and/or Review; Parish of Orleans Civil District Court Div. "F" Number 93-12554; to the Court of Appeal, Fourth Circuit, Number 94CA-0601
Granted with order in part. See per curiam.
The application is granted in part. The judgment of the court of appeal, 644 So.2d 211, is amended to clarify that the reversal of a default judgment does not result in a dismissal, with prejudice, of plaintiff's claims. When, as here, the plaintiff has failed to establish a prima facie case again the defendant at the confirmation hearing, the plaintiff's claims are not rejected; rather, the case is remanded to the trial court for further proceedings. See Ascension Builders v. Jumonville, 262 La. 263 So.2d 875, 879 (1972), Griffin v. Pecanland Mall As Ltd., 535 So.2d 770, 772-73 (La.App. 2nd Cir. 1988), an therein. Accordingly, this matter is remanded to the trial court for further proceedings.
WATSON, J. not on panel.