Scott Fence Industries, Inc. v. Neuenhaus

CHEHARDY, Chief Judge.

This is an appeal by Carl H. Neuenhaus, d/b/a Luxury Leasing and Daily Rental, from a judgment annulling a prior default judgment in his favor against Scott Fence Industries, Inc.

Neuenhaus, plaintiff in the original suit and defendant in the action to annul, obtained the default judgment against Scott Fence on March 11, 1985. Shortly thereafter Scott Fence filed suit to annul the default judgment, on the ground of invalid service of process. On December 4, 1985 the district court rendered judgment finding the earlier judgment null and void.

At issue is the sufficiency of…