9326 Precedential Affirmed Processed

Shannon's Ref. Serv. Con., Inc. v. General Oil. Truck., Inc.

Louisiana Court of Appeal, First Circuit · Filed April 24, 1973 · 277 So. 2d 457

Also decided on this docket: La. Ct. App. 1st Cir., July 26, 1978 361 So. 2d 471; La. Ct. App. 1st Cir., December 1, 1960 125 So. 2d 511; La., April 15, 1885 37 La. Ann. 312

Cited by

Boulet v. Foti 539 So. 2d 843 La. Ct. App. 3d Cir. 1989
State v. Nine (9) Savings Accounts 528 So. 2d 676 La. Ct. App. 2d Cir. 1988
Johnson v. Bucyrus-Erie Co. 476 So. 2d 1074 La. Ct. App. 3d Cir. 1985
Pate v. Republic Bank 414 So. 2d 1367 La. Ct. App. 1st Cir. 1982
Weldon v. Republic Bank 414 So. 2d 1361 La. Ct. App. 2d Cir. 1982

Authorities cited

Identified automatically; this list may not be exhaustive.

Schroeder v. Schroeder 184 So. 2d 75

Opinion text

277 So.2d 457 (1973) SHANNON'S REFRIGERATION SERVICE CONTRACTORS, INC. v. GENERAL OILFIELD TRUCKING, INC. No. 9326. Court of Appeal of Louisiana, First Circuit. April 24, 1973. Rehearing Denied May 31, 1973. C. E. Bourg, II, Morgan City, for appellant. Edward M. Leonard, Jr., Morgan City, for appellee. Before LOTTINGER, ELLIS and CRAIN, JJ. CRAIN, Judge. This is an appeal from a default judgment rendered against appellant, General Oilfield Trucking, Inc. The judgment is based upon a petition alleging appellant was engaged by appellee, Shannon's Refrigeration Service Company, Inc. to lift into place with a dragline three blowers to be installed as part of a condenser unit. It is alleged that in doing the work appellant's employee negligently caused the blowers to fall with resultant damages to the equipment in the sum of $4,269.26. There is no transcript of testimony in the record for the court to review. Also there is no note of evidence stipulated to by the parties or submitted by the trial judge. Additionally there are no reasons for judgment from the trial court. Where there is no note of evidence in the record, it is presumed the trial judge proceeded on proper evidence and it is appellant's duty to produce the transcript or note of evidence necessary to show the contrary. Schroeder v. Schroeder, 184 So.2d 75 (La. App. 4th Cir., 1966). We see no reason why this case should form an exception to this rule. When the record was lodged *458 in this court, it contained no evidence. Since it was lodged, there have been various letters filed and one document that purports to be a fact narrative by appellee. Still there is no evidence. Accordingly, the judgment of the trial court is affirmed, all costs to be paid by appellant. Affirmed.