Campbell v. Scannell

One issue is presented: Did the court err in granting a motion for default when the party against whom the motion was made did not file an answer within the time required by CR 12(a) but moved to dismiss the complaint before the motion for default was heard? We hold it did, and reverse.

On June 12, 1981, a third party complaint by William G. Scannell was served on Lawrence M. Ross and his wife. Mr. Ross entered an appearance on July 1. On July 6, Mr. Scannell filed a motion for default, which was set for hearing July 13. On July 10, Mr. Ross, pursuant to CR 12(b)(6), 1 moved to dismiss the…