Sawyer v. Cox

MORRIS, Judge.

Defendant raises two primary questions for this Court: (1) Was judgment by default properly entered? (2) If so, should that judgment be set aside under Rule 60(b)?

Defendant advances four arguments to support his contention that judgment by default was erroneously entered. We will address each argument separately.

First, defendant asserts that the clerk’s entry of default was improper in that no written application for entry of default was made. Rule 55(a) of the Rules of Civil Procedure provides that “[w]hen a party against whom a judgment ... is sought has failed to plead . . .…