Mitchell Supply Co. v. Gaffney

Cureton, Judge:

This appeal presents the question of whether the trial court abused its discretion in vacating a judgment, when the neglect relied on by Respondents was their attorney’s failure to properly review pleadings delivered to him. We reverse and remand.

Appellant — Mitchell Supply Company, Inc. (Mitchell) served suit papers in two lawsuits on the Respondents (hereafter referred to as Gaffneys). One was a mechanic’s lien foreclosure action; the other sought a personal judgment on an open account. Neither lawsuit was answered and eventually default judgment was entered in the open…