Zorach v. Lenox Oil Co.

Appellant Lenox Oil Company, Inc. (defendant) urges reversal of a trial court justice’s denial of its motion to vacate judgment of default,1, dated May 5, 1994, claiming that the judgment is void for failure of proper service under Dist/Mun. Cts. R. Civ. R, Rule 4(c).

We affirm the trial court’s decision denying the motion to vacate judgment of default and dismiss the report (the second report) but vacate the judgment amount and order hearing under Dist./Mun. Cts. R. Civ. R, Rule 55(b)(2) on the issue of damages.2 We further dismiss defendant’s report of denial of motion to remove default,…