DR. NATCHEZ MORICE
ALAN YEDOR ROOFING AND CONSTRUCTION, ET AL
APPEAL FROM THE SECOND PARISH COURT PARISH OF JEFFERSON,
STATE OF LOUISIANA NO. 86-198, DIVISION "A"
HONORABLE ROY M. CASCIO AND HONORABLE STEPHEN C. GREFER,
COUNSEL FOR PLAINTIFF/APPELLEE, DR. NATCHEZ MORICE Melvin G.
COUNSEL FOR DEFENDANT/APPELLANT, ALAN YEDOR ROOFING AND
CONSTRUCTION Albert J. Nicaud Jeffrey M. Siemssen.
composed of Fredericka Homberg Wicker, Jude G. Gravois, and
Hans J. Liljeberg.
VACATED AND MATTER REMANDED FOR FURTHER PROCEEDINGS
J. LILJEBERG JUDGE
Alan Yedor Roofing and Construction, appeals a default
judgment rendered against it on May 15, 2003. For the reasons
set forth more fully below, we vacate the default judgment
and remand this matter to the trial court for further
AND PROCEDURAL HISTORY
matter has a long and convoluted procedural history. On July
25, 2002, plaintiff-appellee, Dr. Natchez Morice, filed a
petition for damages against defendants, Alan Yedor Roofing
and Construction and Alan Yedor, in the Second Parish Court
for the Parish of Jefferson, State of Louisiana. The petition
alleges these defendants owed Dr. Morice damages caused by
faulty repairs to the roof of an office building owned by Dr.
Morice. Dr. Morice requested service of the petition on both
defendants at 1507 Demothenes Street in Metairie, Louisiana.
The service returns filed in the record indicate the deputy
sheriff was unable to affect service because defendants were
"not at this address."
August 16, 2002, Dr. Morice filed a motion to appoint a
private process server and obtained an order from the trial
court authorizing Keith Lobrano to serve defendants. On
August 23, 2002, the Second Parish Court Clerk of Court
("Clerk") issued citations addressed to "Alan
Yedor" and "Alan Yedor Roofing & Const."
The service return for the citation addressed to "Alan
Yedor" indicates Mr. Lobrano personally served
"Alan Yedor / roofing & constr" on September 6,
2002, and the return information for the citation addressed
to "Alan Yedor Roofing & Construction"
indicates personal service on "Alan Yedor" on the
same day. Neither return contained information regarding the
location where the personal service occurred. In its
appellate brief, defendant denies service was perfected.
15, 2003, Dr. Morice obtained a default judgment against
"Alan Yedor Roofing and Construction" for $18,
604.06, as well as legal interest, attorney's fees in the
amount of 33⅓% of the amount owed, and court costs.
Other than an Affidavit of Non-Military Service, the record
does not contain any evidence in support of the claims
alleged in his petition. On May 15, 2003, the Clerk issued a
"Notice of Judgment" addressed to "Alan Yedor
Roofing & Const." at 1507 Demothenes Street for
service by a deputy sheriff. On May 28, 2003, the deputy
sheriff filed a return indicating defendant was not at the
address listed on the notice.
ten years later, on May 13, 2013, Dr. Morice filed an ex
parte motion to revive the May 15, 2003 judgment, which
the trial court granted. On May 17, 2013, the Clerk mailed a
notice of signing of judgment to "Alan Yedor Roofing and
Construction" at 1507 Demothenes Street. The record
contains an envelope indicating the post office returned this
mailing to the Clerk undelivered and unable to forward.
April 23, 2015, Dr. Morice took his first step to execute the
May 15, 2003 judgment by filing a judgment debtor rule
against Alan Yedor. The trial court ordered Mr. Yedor to
appear for the rule on August 21, 2015, and Dr. Morice
requested service on Mr. Yedor at 1721 Barataria Blvd., in
Crown Point, La. The service return filed by the deputy
sheriff indicates "no such address." On June 29,
2015, the deputy sheriff personally served Alan Yedor with
notice of the August 21, 2015 hearing at 7721 Barataria Blvd.
in Crown Point/Marrero, La. Mr. Yedor appeared for the rule
on August 21, 2015, and the trial court continued the matter
to October 22, 2015. The minute entry for the October 22,
2015 hearing indicates the judgment debtor rule was
"satisfied by letter."
September 15, 2015, Dr. Morice filed a pleading entitled
"Writ of Fieri Facias and Order of
Sale." On that same day, the trial court entered
an order to the Clerk to issue a writ of seizure and sale
directing the sheriff to sell property owned by "Alan
Yedor, II" to satisfy the judgment. On September 16,
2015, the Clerk issued a writ of fieri facias to the sheriff.
November 10, 2015, Dr. Morice filed a motion seeking
additional documents from "Alan Yedor, II" in
satisfaction of the judgment debtor rule. The matter was
originally set for hearing on December 10, 2015. However,
when the deputy sheriff was unable to perfect service after
numerous attempts, the hearing was rescheduled to February
18, 2016, and Dr. Morice obtained an order from the trial
court appointing Mr. Lobrano as a private process server. Mr.
Lobrano provided an affidavit stating he personally served
"Alan Yedor, II" on January 10, 2016.
February 18, 2016 hearing, Mr. Yedor testified that he was
Alan Yedor, II. He further confirmed that at the time Dr.
Morice obtained the judgment against him, he was doing
business as Alan Yedor Roofing and Construction. He also
confirmed that he did not incorporate this business and did
not register it as a trade name with the Louisiana Secretary
of State. Mr. Yedor also told the trial court he was
not served with "papers" regarding this lawsuit
prior to the time Dr. Morice obtained the judgment against
him and first learned ...