Norman Service Industries, Inc. v. Lusty

Banke, Judge.

This is an appeal from the denial of a motion to set aside a default judgment based on insufficiency of service of process.

The complaint, filed on October 13, 1981, sought $25,000 in damages for the appellant’s alleged breach of a commercial lease agreement. A default judgment in this amount was entered on December 7,1981; however, because the damages were unliquidated and there had been no proof thereof, this judgment was later set aside and vacated. On January 4,1982, the appellees appeared at the call of a non-jury default calendar on which the case had been placed and…