Roche v. Young Bros., Inc. of Florence

Cureton, Judge:

This is an appeal from the trial court’s refusal to set aside a default judgment entered against the appellant, Young Brothers, Inc. d/b/a Days Inn East (Days Inn), and in favor of the respondent, George J. Roche (Roche), in the amount of $45,000. Days Inn argues that Roche’s service of process was defective and, alternatively, that the failure of Days Inn to answer was due to excusable neglect, mistake or inadvertence. We agree that service of process was never perfected and therefore reverse.

Roche, a New York resident, allegedly suffered injuries March 19, 1990 after falling…