Dumoff v. Spencer

POPOVICH, J.:

¶ 1 This is an appeal from an August 17, 1999, order denying Harold Cooper’s (“Appellant”) petition to open a default judgment. Appellant asserts that the lower court abused its discretion when it found that Appellant failed to file his petition to open promptly. We disagree and affirm the lower court’s order.

¶ 2 The relevant factual and procedural history is as follows. This case arose as a result of a motor vehicle accident on February 22, 1996. 1 Leonard Dumoff and Patricia Dumoff (“Appellee”) filed a complaint on January 28, 1998, and served it upon Appellant on May 1, 1998.…