Kleinpeter-Kennedy Pool Services, LLC v. Rene Ortlieb, III

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

KLEINPETER-KENNEDY POOL NO. 2025 CW 1160
SERVICES, LLC

VERSUS
RENE ORTLIEB, III FEBRUARY 23, 2026
In Re: Rene Ortlieb, III, applying for supervisory writs,

19th Judicial District Court, Parish of East Baton
Rouge, No. 719232.

BEFORE: LANIER, WOLFE, AND HESTER, JJ.

WRIT GRANTED WITH ORDER. The district court’s August Il,
2025 judgment which denied the motion for summary judgment filed
by defendant, Rene Ortlieb, III, and granted the motion for
summary judgment filed by plaintiff, Kleinpeter Pool Services,
LLC, is reversed. Under La. Code Civ. P. art. 1201, a judgment
rendered against a defendant who has not been validly cited and
served with the petition is absolutely null, even if there is
actual notice of the suit. In re Just. of Peace Landry, 2001-
0657 (La. 6/29/01), 789 So.2d 1271, 1277. Without such citation
and service of process, the court does not have jurisdiction
over the person of the defendant. Id. Under La. Code Civ. P.
art. 1231, service of citation or other process may be either
personal or domiciliary. According to the evidence submitted
herein, the constable was unable to effect service on defendant,
either by personal or domiciliary service. La. Code Civ. P. art.
4919(D) provides, in Justice of the Peace courts, service may be
made by the court by certified mail, with return receipt
requested, and if the properly addressed certified mail return
receipt reply form is signed by the defendant, service shall be
considered personal, and if signed by a person other than
defendant, service shall be considered domiciliary. There is no
return receipt in the evidence in this case. Accordingly, based
on the lack of service on defendant prior to rendering the
default judgment by the Justice of the Peace Court, we find the
default judgment rendered against defendant, Rene Ortlieb, III,
is absolutely null. See La. Code Civ. P. art. 2002. This matter
is remanded to the district court to conduct a trial de novo.

WIL
EW
CHH

feOURT OF APPEAL, FIRST CIRCUIT

ary CLERK OF COURT

FOR THE COURT