Consolidated Marketing, Inc. v. Busi

AYRES, Judge.

This appeal by defendant from a judgment rendered in plaintiff’s favor on a confirmation of a default presents a question as to the timely filing of a motion for a new trial.

Plaintiff instituted this action on May 3, 1971, against the defendant on an open account alleging an indebtedness of $2,773.70. Personal service was made on the defendant on May 5, 1971. A preliminary default was entered on May 21, 1971, and, on May 26, 1971, was confirmed. Accordingly, judgment was read, signed, and filed on the latter date. A motion for a new trial was filed on behalf of defendant on June…