Diekmann v. Associates Discount Corporation

CLEMENS, Commissioner.

The plaintiffs, Kurt J. Diekmann and his wife Norma Diekmann, appeal from an order vacating a default judgment they had gotten against defendant-respondent Bernard H. Lindenbusch, a car dealer. The parties brief two issues: Is the order ap-pealable ? If so, was it proper for the trial court, after the judgment had become final, to set it aside on the ground it had been rendered on an amended petition not served on defendant Lindenbusch?

The plaintiffs had sued three defendants for damages suffered from buying, financing and insuring an automobile. Each was served with…