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CACH, LLC v. Tucker

Court of Appeal of Louisiana, Fifth Circuit

March 11, 2015

CACH, LLC
v.
THOMAS J. TUCKER

ON APPEAL FROM THE FORTIETH JUDICIAL DISTRICT COURT, PARISH OF ST. JOHN THE BAPTIST, STATE OF LOUISIANA. NO. 65,807, DIVISION " C" . HONORABLE J. STERLING SNOWDY, JUDGE PRESIDING.

BLAKE E. OAKES, D. MICHAEL DENDY, ATTORNEYS AT LAW, Metairie, Louisiana, COUNSEL FOR PLAINTIFF/APPELLEE.

THOMAS J. TUCKER, IN PROPER PERSON, Thibodaux, Louisiana, COUNSEL FOR DEFENDANT/APPELLANT.

Panel composed of Judges Susan M. Chehardy, Marc E. Johnson, and Robert M. Murphy.

OPINION

ROBERT M. MURPHY, J.

On May 22, 2014, Tucker, in proper person, filed a " motion for relief from judgment and or appeal" directed to the trial court's April 10, 2014 judgment against him on a credit card collection matter. He contended he did not receive notice of hearing and that he was not afforded due process of law.

The trial court granted Tucker a devolutive appeal on July 23, 2014. On December 15, 2014, appellee consented to the relief sought " to have the [default] matter remanded to the trial court and set for hearing."

Due to the consent of the parties, the appeal is moot. Accordingly, we vacate the default judgment and remand the matter for further proceedings. See U.R.C.A. Rule 2-16.2.

DEFAULT VACATED AND REMANDED


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