CACH, LLC VERSUS THOMAS J. TUCKER
Annotate this Case
Download PDF
CACH, LLC NO. 16-CA-72 VERSUS FIFTH CIRCUIT THOMAS J. TUCKER COURT OF APPEAL STATE OF LOUISIANA ON APPEAL FROM THE FORTIETH JUDICIAL DISTRICT COURT PARISH OF ST. JOHN THE BAPTIST, STATE OF LOUISIANA NO. 65,807, DIVISION "B" HONORABLE MARY H. BECNEL, JUDGE PRESIDING July 27, 2016 HANS J. LILJEBERG JUDGE Panel composed of Robert M. Murphy, Stephen J. Windhorst, and Hans J. Liljeberg DEFAULT JUDGMENT VACATED AND REMANDED HJL RMM SJW COUNSEL FOR PLAINTIFF/APPELLEE, CACH, LLC Blake E. Oakes D. Michael Dendy DEFENDANT/APPELLANT, THOMAS J. TUCKER In Proper Person LILJEBERG, J. This is defendant-appellant, Thomas J. Tucker’s second appeal of this credit card collection matter. On March 11, 2015, this Court vacated a default judgment entered against Mr. Tucker and remanded the matter for further proceedings. CACH, L.C.C. v. Thomas J. Tucker, 14-720 (La. App. 5 Cir. 3/11/15), 169 So.3d 580. This Court vacated the judgment in the first appeal because plaintiff-appellee, CACH, LLC (“CACH”), filed a brief with this Court indicating that it consented to the relief sought by Mr. Tucker and further agreed to have the matter remanded to the trial court. On August 7, 2015, the trial court again confirmed a default judgment in favor of CACH and against Mr. Tucker. Mr. Tucker filed a notice of appeal, which the trial court granted on September 18, 2015. In his appellate brief, Mr. Tucker contends, inter alia, that he did not receive notice of the default judgment proceedings. On May 25, 2015, CACH, LLC filed a brief with this Court again consenting to the relief sought by Mr. Tucker on appeal and further agreeing to the remand the proceedings to allow Mr. Tucker “to appear in the trial court to present his defense.” Based on CACH’s consent, we vacate the August 7, 2015 Judgment and remand the matter for further proceedings. See U.R.C.A. Rule 2-16.2. DEFAULT JUDGMENT VACATED AND REMANDED SUSAN M. CHEHARDY CHERYL Q. LANDRIEU CHIEF JUDGE CLERK OF COURT MARY E. LEGNON FREDERICKA H. WICKER JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON ROBERT M. MURPHY STEPHEN J. WINDHORST HANS J. LILJEBERG CHIEF DEPUTY CLERK SUSAN BUCHHOLZ FIFTH CIRCUIT 101 DERBIGNY STREET (70053) JUDGES POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 www.fifthcircuit.org FIRST DEPUTY CLERK MELISSA C. LEDET DIRECTOR OF CENTRAL STAFF (504) 376-1400 (504) 376-1498 FAX NOTICE OF JUDGMENT AND CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE OPINION IN THE BELOW-NUMBERED MATTER HAS BEEN DELIVERED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 2-16.4 AND 2-16.5 THIS DAY JULY 27, 2016 TO THE TRIAL JUDGE, CLERK OF COURT, COUNSEL OF RECORD AND ALL PARTIES NOT REPRESENTED BY COUNSEL, AS LISTED BELOW: 16-CA-72 E-NOTIFIED 40TH DISTRICT COURT (CLERK) HONORABLE MARY H. BECNEL (DISTRICT JUDGE) BLAKE E. OAKES (APPELLEE) MAILED D. MICHAEL DENDY (APPELLEE) ATTORNEY AT LAW 110 VETERANS BOULEVARD SUITE 560 METAIRIE, LA 70005 THOMAS J. TUCKER (APPELLANT) IN PROPER PERSON 217 NORTH 11TH STREET THIBODAUX, LA 70301
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
