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

2025 CW 1160 · Louisiana Court of Appeal, First Circuit · February 23, 2026 · No. 2025 CW 1160

Summary

The Louisiana Court of Appeal, First Circuit, granted supervisory writs and reversed a district court judgment denying the defendant's summary judgment motion and granting the plaintiff's motion. The court held that the underlying default judgment was absolutely null because the defendant had not been validly served, and remanded the matter for a trial de novo.

Court
Louisiana Court of Appeal, First Circuit
Writing for the Court
Lanier, J.; Wolfe, J.; Hester, J.
Jurisdiction
Louisiana Court of Appeal, First Circuit
Decision date
February 23, 2026
Docket number
2025 CW 1160
Procedural posture
Rene Ortlieb, III applied for a supervisory writ challenging the district court's judgment denying his motion for summary judgment and granting Kleinpeter-Kennedy Pool Services, LLC's motion for summary judgment.
Precedential value
unknown
Parties
Rene Ortlieb, III v. Kleinpeter-Kennedy Pool Services, LLC
Disposition
reversed_and_remanded

Topics

service of processdefault judgmentsummary judgmentpersonal jurisdictionwrit of certiorari

Practice areas

Civil procedureAppellate procedureRemedies

Questions Presented

  1. Whether a default judgment rendered against a defendant who was not validly cited and served is absolutely null.
  2. Whether the evidence established valid personal, domiciliary, or certified-mail service on Ortlieb before the default judgment was rendered.
  3. Whether the district court judgment concerning the parties' summary-judgment motions should be reversed and the matter remanded for a trial de novo.

Holdings

  1. A judgment rendered against a defendant who has not been validly cited and served with the petition is absolutely null, even if the defendant had actual notice of the suit.
  2. Ortlieb was not validly served before the default judgment was rendered because the constable could not effect personal or domiciliary service and the record contained no certified-mail return receipt establishing service.

Key quotations

“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.”
“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.”

Factual background

A constable was unable to serve Ortlieb either personally or domiciliary. The record contained no certified-mail return receipt showing service under the Justice of the Peace Court procedure. Despite the lack of valid service, the Justice of the Peace Court rendered a default judgment against Ortlieb.

Procedural history

The Justice of the Peace Court rendered a default judgment against Ortlieb. In the district court, Ortlieb sought summary judgment, while Kleinpeter Pool Services sought summary judgment. The district court denied Ortlieb's motion and granted the plaintiff's motion. The Louisiana Court of Appeal, First Circuit granted Ortlieb's supervisory writ, reversed the district court judgment, and remanded for a trial de novo.

Remand instructions

The matter is remanded to the district court to conduct a trial de novo.

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