Ex Parte Tampling Tile Co., Inc.

This case is before us on a petition for writ of mandamus filed by Tampling Tile Company. Its petition seeks the dismissal for lack of jurisdiction of J J Construction's appeal to the circuit court from an adverse judgment in the district court. The issue presented for our review is whether the circuit court must dismiss the appeal.

In March 1988, Tampling sued "J J Construction Co., Inc.," in the district court for work and labor done. According to the case action summary sheet entry of March 14, 1988, the summons and complaint were served. On May 20, 1988, default judgment was entered…