U.S. Foodservice, Inc. v. Gourmet Services, Inc.

BARNES, Presiding Judge.

U.S. Foodservice, Inc. (U.S. Foods) sued Gourmet Services, Inc., on an open account and served the company’s registered agent. Gourmet Services failed to answer, and more than 45 days after service, U.S. Foods filed a motion for default judgment. Four days later, the trial court dismissed the complaint, holding that “Plaintiff has failed to establish a prima facie case, or state a claim, for a complaint on account.” For the reasons that follow, we reverse.

U.S. Foods argues on appeal that the trial court erred in dismissing its complaint for failure to state a claim and…