Fredericksburg Construction Co. v. J.W. Wyne Excavating, Inc.

In this appeal we consider whether the trial court properly denied a motion to vacate a judgment that a defendant contended was void because the judgment had been entered without proper notice.

BACKGROUND

On January 19, 1994, Fredericksburg Construction Company, Inc. (Fredericksburg), filed a motion for judgment against J.W. Wyne Excavating, Inc. (Wyne), alleging breach of contract for failure to complete certain subcontracting work and seeking damages of $21,419.72. On February 28, 1994, Wyne filed a demurrer, grounds of defense, and a counterclaim asserting that Fredericksburg was indebted to…