David Band v. First Bankcard Center

650 So. 2d 738, 1995 La. LEXIS 590, 1995 WL 64765

Opinion

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 plaintiffs claims. When, as here, the plaintiff has failed to establish a prima facie case against the defendant at the confirmation hearing, the plaintiffs claims aré not rejected; rather, the case is remanded to the trial court for further proceedings. See Ascension Builders v. Jumonville, 262 La. 519, 263 So.2d 875, 879 (1972); Griffin v. Pecanland Mall Association, Ltd., 535 So.2d 770, 772-73 (La.App. 2nd Cir.1988), and the cases cited therein. Accordingly, this matter is remanded to the trial court for further proceedings.