Misty Lake Condominium Ass'n v. Schwartz

Defendant appeals from an interlocutory order denying its motion to vacate a default. We reverse.

The corporate resident agent was served with a summons, complaint, request for production, and interrogatories. Under established procedure, he was to forward the papers to the defendant’s insurance company and law firm; however, the agent failed to do so in this instance. Several weeks later, the agent terminated his employment and it was not until after the default was entered that the new agent learned of the pending litigation and notified the proper parties.

Upon these facts, we find that the…