Hook v. Bay Financial Savings Bank

GRIFFIN, Judge.

Appellant, Donald Hook, appeals a summary final judgment in favor of Bay Financial Savings Bank [“Bay Financial”]. We reverse.

This action commenced in 1992. Appellee, Bay Financial, filed suit against the appellants, Donald Hook and U.S. Rental Self-Storage [“defendants”], in the amount of $880,864. The record suggests it was an action on a guaranty. Allegedly due to mis-communication between defendants and counsel whom they had contacted about representation, no response to the complaint was filed and a default judgment was entered.1

Nearly three months later, on June 12, 1992,…