Greenwood v. Nicklaus

COBB, Judge.

Appellant John Greenwood seeks review of the denial of his motion to vacate a final default judgment entered against him. The judgment was entered following a clerk’s default and a hearing on the final judgment not attended by Greenwood. Because of our concern over the propriety of both the clerk’s default and the final judgment, we reverse.

The cause began when appellee, Albert Nicklaus, filed a complaint against Greenwood individually and John Greenwood Street Cars, Inc., on March 27, 1987.1 The complaint sought relief on three counts: Count I sought damages against only the…