Bowers v. Robinson

Toal, Justice:

The issue presented in this appeal is whether service of an unnecessary motion to amend with a proposed amended complaint constitutes proper service of the amended complaint, so if it is not answered, a default judgment may be entered. We hold it does not. Accordingly, we reverse the trial judges’ entering of default judgment and remand for trial.

PROCEDURAL HISTORY

This declaratory judgment and conversion action was brought by the plaintiff upon service of a summons and complaint on September 25,1989. The defendants filed a motion to dismiss on November 6,1989. While the motion…