Harbour Tower Development Corp. v. Seaboard Equipment Co.

CARROLL, Judge.

This is an appeal by a defendant from a judgment entered on default, in a replevin action. The complaint alleged sale of merchandise under retain title contract and an unpaid balance in default. Plaintiff sought repossession, damages for wrongful detention and attorney fees. On failure of the defendant to respond to personal service, default was entered. At a subsequent hearing without notice to defendant plaintiff submitted affidavit proof of damages and the judgment appealed from was entered, which recited plaintiff had retaken the property and awarded damages.

Appellant…