Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

N & F Logistic, Inc. v. Cathay Inn Int'l, Inc.

Court of Appeals of Louisiana, Fifth Circuit

April 15, 2015

N & F LOGISTIC, INC.
v.
CATHAY INN INTERNATIONAL, INC., VAN P. VO AND EN T. NGUYEN A/K/A DIANA VO

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA. NO. 733-760, DIVISION " C" . HONORABLE JUNE B. DARENSBURG, JUDGE PRESIDING.

JAMES B. GUEST, ATTORNEY AT LAW, Kenner, Louisiana, COUNSEL FOR PLAINTIFF/APPELLEE.

COREY E. DUNBAR, ATTORNEY AT LAW, Belle Chasse, Louisiana, COUNSEL FOR DEFENDANT/APPELLANT.

Panel composed of Judges Jude G. Gravois, Marc E. Johnson, and Robert M. Murphy.

OPINION

Page 276

MARC E. JOHNSON, J.

[14-835 La.App. 5 Cir. 2] Defendants/Appellants, Van P. Vo and En T. Nguyen a/k/a Diana Vo, appeal the default judgment rendered against them and in favor of Plaintiff/Appellee, N& F Logistic, Inc. (hereinafter referred to as " N& F Logistic" ), in the 24th Judicial District Court, Division " C," concerning a suit on an open account. For the following reasons, we vacate the judgment and remand the matter for further proceedings.

FACTS AND PROCEDURAL HISTORY

On December 11, 2013, N& F Logistic filed a Petition on Open Account against

Page 277

Cathay Inn International, Inc. (hereinafter referred to as " Cathay Inn" ) and its owners, Appellants. In its petition, N& F Logistic alleged that it, as a wholesale restaurant supply business, supplied goods to Cathay Inn, which was operated by Appellants, from November 2011 through January 2012. N& F Logistic alleged Appellants were personal guarantors for Cathay Inn and were liable in solido with Cathay Inn for an unpaid balance of $10,012.62 for the goods N& F Logistic supplied. N& F Logistic attached a copy of a July 10, 2012 document entitled [14-835 La.App. 5 Cir. 3] " Personal Guarantee," a spreadsheet, and an affidavit from its account manager attesting to the debt to its petition.

On January 21, 2014, N& F Logistic filed a Motion for Preliminary Default and attached an Affidavit of Correctness of Account to it. The trial court granted the default judgment in favor of N& F Logistic on July 7, 2014 without conducting a hearing. The judgment awarded $10,012.62 in damages plus attorney's fees, interest of 2% per month from January 30, 2013 and costs against Cathay Inn and Appellants in solido. The instant appeal followed.

ASSIGNMENTS OF ERROR

On appeal, Appellants allege the trial court erred in granting the default judgment because 1) N& F Logistic failed to present sufficient evidence to prove a prima facie case of indebtedness against them; 2) the amount awarded, which included attorney's fees, was not supported by ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.