Joel Tyler v. Shawn Bart
Joel Tyler v. Shawn Bart, No. WCA-0005-1348 (La. Ct. App. 3d Cir. Apr. 5, 2006).
Opinion text
STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT
WCA 05-1348
JOEL TYLER
VERSUS
SHAWN BART
**********
APPEAL FROM THE
OFFICE OF WORKERS’ COMPENSATION - DISTRICT 2
PARISH OF RAPIDES, NO. 05-00860
JAMES L. BRADDOCK, WORKERS’ COMPENSATION JUDGE
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PER CURIAM
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Court composed of John D. Saunders, Oswald A. Decuir, and Billy Howard Ezell,
Judges.
JUDGMENT VACATED; REMANDED.
Stephen E. Everett
Attorney at Law
823 Johnston Street
Alexandria, LA 71301
(318) 443-6312
Counsel for Plaintiff/Appellee:
Joel Tyler
Barry Ray Laiche
Jeremy C. Cedars
Provosty, Sadler, deLaunay, Fiorenza & Sobel
Attorney at Law
P. O. Drawer 1791
Alexandria, LA 71309-1791
(318) 445-3631
Counsel for Defendant/Appellant:
Shawn Bart
PER CURIAM.
An appeal from a default judgment in a workers’ compensation case entered
in favor of Joel Tyler was filed by Shawn Bart. As indicated by the briefs, there is
actually no person or entity known as “Shawn Bart.” Mr. Tyler was employed by
Shawn Barton Masonry, L.L.C., a Louisiana limited liability company with only one
member, Shawn Barton. The appeal raised the issue that default judgment was
entered without any evidence that a mediation conference had been noticed or
scheduled pursuant to La.R.S. 23:1310.3. Another issue concerned whether there was
proper service of process.
In his reply brief, Mr. Tyler observes that notices of mediation were sent to the
correct address of the employer under the name “Shawn Bart,” and no one appeared
on behalf of the employer. Mr. Tyler states that he had no knowledge of the correct
facts of his employment until the appeal was taken and the Appellant’s brief was
filed. However, in brief Mr. Tyler agrees that, in the interests of justice, the default
judgment should be vacated and the case remanded for further proceedings.
Therefore, the judgment in these proceedings, rendered on July 25, 2005, is
vacated. This case is remanded to the Office of Workers’ Compensation for further
proceedings. Costs of this appeal are assessed equally among the parties.
JUDGMENT VACATED; REMANDED.
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