Nicholas v. Cook

By JUDGE WILLIAM H. LEDBETTER, JR.

On November 7, 1988, the court, upon motion of the plaintiff, entered a default judgment with respect to liability in this case, reserving the issue of damages for trial. Five weeks later the defendants filed a motion to vacate the November 7th order and for leave to file responsive pleadings. The plaintiff opposed the motion. The court heard evidence presented by the defendants, limited to the issues of notice and service of process on January 17, 1989. The defendants filed a memorandum and, on February 9, 1989, the plaintiff filed a reply memorandum.

The…