Allstate Insurance v. Alexis

OPINION OF THE COURT

The Appellant (Defendant) moved to dismiss the appellee’s (Plaintiffs) complaint. The motion was denied, with leave to answer within 15 days. The 15 day period came and went; no answer was served or filed. The appellee moved for a default and obtained a hearing date for the motion. Prior to the hearing, the defendant served and filed an *49answer,1 but did not appear at the scheduled hearing upon the motion for default. At that hearing, the trial judge granted the default, and entered a final judgment.

Because the answer was filed before the default was entered, the court was…