Emery Enterprises, Inc. v. AUTOMATIC FASTNERS DIVISION, ALLIED PRODUCTS CORPORATION

Carley, Judge.

Appellant-defendant appeals from the denial of its motion to set aside a default judgment. The substantive basis of appellant’s motion to set aside was that an alleged accident and mistake occurred when appellant’s officer signed an acknowledgment of service presented to him by plaintiff-appellee’s attorney and thereby waived all further service and notice. Appellant alleges that statements made by plaintiff-appellee’s attorney to appellant’s officer pertaining to settlement negotiations “lulled” appellant into a sense of complacency and non-action and that appellant was…