Duhon v. Brouillette

195 So. 3d 658, 16 La.App. 3 Cir. 82, 2016 La. App. LEXIS 1090, 2016 WL 3087800
CourtLouisiana Court of Appeal
DecidedJune 1, 2016
DocketNo. 16-82
StatusPublished
Cited by1 cases

This text of 195 So. 3d 658 (Duhon v. Brouillette) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Duhon v. Brouillette, 195 So. 3d 658, 16 La.App. 3 Cir. 82, 2016 La. App. LEXIS 1090, 2016 WL 3087800 (La. Ct. App. 2016).

Opinion

SAUNDERS, J.

| defendant, Kathryn Brouillette (hereinafter “Mrs. Brouillette”), appeals from the trial court’s denial of her petition for annulment of a default judgment against her. For the reasons that follow, we find that the trial court erred in denying Mrs. Brouillette’s, petition to annul, reverse the judgment of the trial court, and render judgment declaring the default 'judgment against Mrs. Brouillette absolutely null.

FACTS AND PROCEDURAL HISTORY

Plaintiff, Dana Duhon (hereinafter “Ms. Duhon”), was one' of the beneficiaries of [660]*660the Menard Anthony Brouillette Living Trust (hereinafter “the trust”). The trust terminated on September 22, 2013, when the settlor died. Ms. Duhon made several unsuccessful requests for an accounting to John David Brouillette (hereinafter “Mr. Brouillette”), in his capacity as the trustee of the trust, and to Mrs. Brouillette, whom Mr. Brouillette referred to as his agent in the administration of the trust. When Ms. Duhon failed to receive an accounting, she filed a petition to compel an accounting against Mr. Brouillette on September 4, 2014. On September 29, 2014, the trial court ordered that Mr. Brouillette provide an accounting within fifteen days.

When Mr. Brouillette still failed to render an accounting, Ms. Duhon filed a first supplemental and amending petition on October 23, 2014. Thereafter, Ms. Duhon filed a motion to compel accounting on November 19, 2014. The trial court granted the motion and ordered Mr. Brouillette to provide an accounting by December 15, 2014. Although Mr. Brouillette produced an accounting on December 14, 2014, Ms. Duhon filed a second - amending and supplemental petition on December 30, 2014, alleging the accounting provided was inadequate and requesting Mr. Brouillette be removed as trustee. On February 19, 2015, the | atrial court removed Mr. Brouil-lette as trustee, appointed Ms. Duhon in his place, and ordered Mr. Brouillette to provide Ms. Duhon with all assets of the trust and any financial documents relating to those assets.

On March 5, 2015, Ms. Duhon filed a third supplemental and amending petition, wherein Mrs. Brouillette was finally added as a defendant, which was served on Mrs. Brouillette in accordance with the Long Arm Statute, La.R.S. 13:3204, on March 12, 2015. Mr. Brouillette’s estate was substituted in his place, as he died on February 17, 2015. Mrs. Brouillette left the service unclaimed. None of the prior petitions had been served on Mrs. Brouillette, and they were not included in the Long Arm service.

On May 28, 2015, upon her motion, a preliminary default was entered in Ms. Duhon’s favor against Mrs. Brouillette. On June 5, 2015, a default judgment was entered against Mrs. Brouillette in favor of Ms. Duhon, as the trustee, for $279,806.37. Finally, on June 17, 2015, Mrs. Brouillette filed a motion for new trial and petition for annulment of the default judgment. Following a hearing, the trial court issued its written reasons for denying the motion for new trial on October 5, 2015. It stated:

There is no doubt that the defendant was not served with a copy of the Original or the First and Second Supplemental and Amending Petitions when she was served with the Third Supplemental and Amending Petition. The defendant contends that because of such, she was not properly served with process as required by law and therefore, the Court did not have personal jurisdiction.
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A review of the Original, First[,] and Second Supplemental] and Amending Petitions show that [Mr. Brouillette] was the sole defendant and, although some historical facts were added as the case progressed, the only request in those pleadings was for the defendant to provide an accounting of [the trust].
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IsThe Court finds that the allegations contained in the Third Supplemental and Amending Petition were sufficient to place [Mrs. Brouillette] on notice as to grounds on which the cause of action was based and what the petitioner expected to prove against her. The prior pleadings were mainly procedural attempting [to have Mr. Brouillette] to provide an accounting and then to re[661]*661move him as trustee. After his death, the Third Supplemental and Amending Petition was directed as a money judgment from his estate and his wife, who was actively involved in managing the Trust and theft from the Trust.
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Despite having knowledge of the ongoing litigation regarding the Trust and being involved in the administration of the Trust, [Mrs. Brouillette] never inquired about the certified mail, never contacted undersigned counsel, never retained counsel of her own, never filed any responsive pleadings to plaintiffs Third Supplemental and Amending Petition, and never appeared at any of the aforementioned hearings. The defendant cannot argue a deprivation of legal rights when she was properly served with the proceedings against her and given ample opportunity to respond, but simplfy] chose to ignore it.

It is from this extensive litigation that the instant appeal arises.

ASSIGNMENTS OF ERROR

Mrs. Brouillette asserts the trial court erred in:

1. failing to annul the default judgment rendered in favor of Ms. Duhon on the grounds that Mrs. Brouillette was neither served with the Original nor the First and Second Supplemental and Amending Petitions; and
2. finding Ms. Duhon established a pri-ma facie case to support the default judgment against Mrs. Brouillette.

STANDARD OF REVIEW

“A determination of whether a court has subject matter jurisdiction over a cáse and personal jurisdiction over a party is subject to a de novo review.” Hartman v. Lambert, 08-1055, p. 3 (La. App. 3 Cir. 2/4/09), 7 So.3d 758, 760. ‘“When a judgment is absolutely null based on a jurisdictional ground, it has no legal existence, and its nullity may be shown in collateral proceedings at any time Rand before any court.’ ” Id. at 762 (quoting Taylor v. Hixson Autoplex of Alexandria, Inc., 00-1096, pp. 6-7 (La.App. 3 Cir. 3/28/01), 781 So.2d 1282, 1286.)

DISCUSSION

Service of process is critical to the exercise of personal jurisdiction over a defendant. Ardoin v. Daily, 10-13 (La. App. 3 Cir. 5/5/10), 38 So.3d 494. Louisiana Code of Civil Procedure Article 6 provides, in pertinent part:

A. Jurisdiction over the person is the legal power and authority of a court to render a personal judgment against a party to an action or proceeding. The exercise of this jurisdiction requires:
(1) The service of process on the defendant, or on his agent for the service of process, or the express waiver of citation and service under Article 1201.

“A final judgment shall be annulled if it is rendered ... [a]gainst a defendant who has not been served with process as required by law and who has not waived objection to jurisdiction, or against whom a valid judgment by default has not been taken.” La.Code Civ.P. art. 2002(A)(2) (emphasis added). An action to annul a judgment for failure to serve a defendant with process “may be brought at any time.” La.Code Civ.P. art. 2002(B).

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Bluebook (online)
195 So. 3d 658, 16 La.App. 3 Cir. 82, 2016 La. App. LEXIS 1090, 2016 WL 3087800, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duhon-v-brouillette-lactapp-2016.