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Seal v. Riverside Lounge
Citations: 517 So. 2d 446; 1987 La. App. LEXIS 10987; 1987 WL 3121Docket: No. CA 86 1544
Court: Louisiana Court of Appeal; December 21, 1987; Louisiana; State Appellate Court
A judgment dismissing a motion to reinstate a petition was appealed by the plaintiff after it was previously dismissed due to an exception of no cause of action raised by Claude Mulford, the owner of Riverside Lounge. The plaintiff's petition alleges that he was shot by Darrel Singletary in the lounge's parking lot, claiming damages of $350,000. The court had maintained the exception on November 25, 1985, granting the plaintiff fifteen days to amend his petition, which he failed to do. On July 24, 1986, the plaintiff sought to reinstate his case, arguing that he was unaware of the hearing and the amendment deadline. The court denied this motion, citing a minute entry that indicated the plaintiff's attorney was present at the hearing. However, the plaintiff's counsel disputed this, asserting he did not receive notice of the hearing or the judgment. The appellate court found that while the record shows the attorney's presence, the claim of error in the minute entry warranted further consideration. It acknowledged that minute entries, although presumptively correct, can be challenged if shown to be erroneous. The appellate court reversed the trial court’s decision and instructed it to hold a hearing to determine the accuracy of the minute entry. If found incorrect, the court must reconsider the reinstatement motion. Costs of the appeal are to be equally shared between the parties.