Service Electric of Louisiana, Inc. v. Clifton Briley, Inc.

Louisiana Court of Appeal

Service Electric of Louisiana, Inc. v. Clifton Briley, Inc.

479 So. 2d 691, 1985 La. App. LEXIS 10481

CourtLouisiana Court of Appeal

DecidedDecember 11, 1985

DocketNo. 84-992

StatusPublished

Cited by1 cases

This text of 479 So. 2d 691 (Service Electric of Louisiana, Inc. v. Clifton Briley, Inc.) 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

Service Electric of Louisiana, Inc. v. Clifton Briley, Inc., 479 So. 2d 691, 1985 La. App. LEXIS 10481 (La. Ct. App. 1985).

Pincite

Opinion

DOUCET, Judge.

This is an appeal by defendant, Clifton Briley, Inc., from a confirmation of default judgment.

The issue on appeal is sufficiency of service on defendant. We reverse and remand.

The plaintiff brought suit against Clifton Briley, Inc. on an open account. The petition alleges that the defendant was a Louisiana corporation. A request was made that service be made upon Clifton Briley, the defendant’s registered agent for the service of process.

[692]*692Code of Civil Procedure art. 1261¹ requires personal service. The defendant corporation, however, was served by leaving a copy of the petition with Mr. Briley’s wife at his residence. The law makes no provision for service on a corporation by effecting domiciliary service. Gamble v. Carter, 378 So.2d 185 (La.App. 1st Cir. 1979). The service in this case was insufficient and the proceedings are null. La.C. C.P. art. 1201.

For these reasons, the judgment of the trial court is reversed and set aside. The suit is remanded for further proceedings according to law. The plaintiff-appellee is to pay costs of this appeal.

REVERSED AND REMANDED.

Free access — add to your briefcase to read the full text and ask questions with AI