Hankins v. Cooper

WINTERSHEIMER, Judge.

Appellants seek to set aside a default judgment in the amount of $6,500.00 plus 6% interest, because of the failure of the Appellee to send a written notice of the application for default judgment as provided in CR 55.01.

The essential issue is whether the failure to send such a written notice is a fatal defect to the entry for default judgment. It is necessary to consider whether the Appellants have taken such steps to constitute an appearance in the action.

This Court reverses the judgment of the trial court and orders the default judgment set aside and a new trial be…