Cen Val Leasing Corp. v. Bockman

OPINION

This is an appeal from an order denying appellant’s motion to set aside a default judgment. We reverse and remand for further proceedings.

In July of 1981 the appellant (“Cen Val”) repossessed two vehicles it had previously leased to respondent Bockman. Bockman thereafter commenced this action against Cen Val in August of 1981, charging that Cen Val maliciously and wrongfully removed these vehicles from Bockman’s property.

Through an error in its attorney’s office, Cen Val did not timely file an answer, and a default judgment was therefore entered on October 23, 1981. A motion to set…