Rogers v. Silverman

Opinion

McCLOSKY, Acting P. J.

Defendant Gilbert Silverman appeals from the “order made and entered by the court [which] vacated that same court’s previous order . . . and denied defendant’s motion to quash reinstating plaintiff’s complaint, default and default judgment.” The trial court reversed its earlier ruling vacating the default judgment because Mr. Silver-man did not file his motion to vacate within one year from the date the clerk entered the default. We conclude that when a motion to vacate is made on the ground that the default judgment is void because of improper service, the…