Alex v. Parkway-Boulevard Corp.

Deen, Presiding Judge.

On June 11, 1976, appellees filed a complaint against Gary B. Alex and two co-defendants seeking damages resulting from alleged fraudulent acts of the defendants. Alex was served on June 14,1976, but has never filed an answer. No further action was taken in the case until Alex filed a verified motion to open the default on September 3, 1980. Alex claimed that he had a good and meritorious defense, that he was ready for trial, that he had paid all accrued costs in the action, and that his failure to file defensive pleadings resulted from excusable neglect in that he filed…