Summit Construction, Inc. v. Robinson Contracting & Equipment Rental, Inc.

| LARAWAY, J.

Defendant appeals the trial court’s rendition of a default judgment against it. Finding that the record is devoid of evidence of the sheriffs return for service of citation, we nullify the default judgment and remand.

Facts

In July 2000, Summit Construction, Inc. (“Summit”), as lessor, and Robinson Contracting and Equipment Rental, Inc. (“Robinson”), as lessee, entered into a lease of industrial facilities. Subsequently, in October 2004, Summit filed suit against Robinson alleging that the lease was terminated in September 2004, and that at the time of termination, Robinson owed…