Hart, Nininger & Campbell Associates v. Rogers

I disagree with the majority opinion insofar as it finds that the trial court did not err in rendering a judgment upon default against the defendant Stephen L. Rogers. In its rush to judgment, the plaintiff misinterpreted the guiding statute, misconstrued the procedural rules, and led the court into a misjudgment.

On December 31, 1985, the plaintiff obtained a court order requiring the defendants to appear on January 27, 1986, to show cause why a temporary injunction should not issue on its application and verified complaint. The order of service required that the defendants be served on or…