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Thomas v. Calhoun Properties, Inc.
Citations: 576 So. 2d 1172; 1991 La. App. LEXIS 425; 1991 WL 34742Docket: No. 89-922
Court: Louisiana Court of Appeal; March 12, 1991; Louisiana; State Appellate Court
A default judgment was issued against Calhoun Property Management, Inc. (CPM) for failing to respond to a petition, resulting in a ruling for the plaintiff, Odie Mae Thomas, for $126,950.90. CPM filed a motion for a new trial, which was denied, leading to this appeal. The appellate court reversed the default judgment and ordered a new trial due to misidentification of the lessor in the original case. Chabliss Thomas, the minor child of the appellant, was injured on a defective playground swing at Lakeway Apartments, owned by Lakeway Apartments but managed by CPM. The lease signed by the plaintiff clarified that CPM was merely the agent, not the lessor. The court emphasized that the plaintiff failed to present competent evidence establishing a lease relationship with the correct lessor, relying instead on erroneous oral testimony. The appellate court highlighted the necessity for careful scrutiny in cases involving default judgments, particularly where the defendant's right to a fair trial is concerned. It concluded that the incorrect identification of the lessor constituted "ill practice," warranting the reversal of the judgment against CPM and the granting of a new trial. The costs of the initial trial and the appeal will be borne by the plaintiff.