Jones v. Wallis

STEELMAN, Judge.

Where Jones exercised “due diligence” in attempting to locate Wallis for purposes of service of process and Jones complied with all the statutory requirements for service of process by publication, the trial court did not err in denying Wallis’ motion to set aside the entry of default against him. Where the trial court properly denied Wallis’ motion to set aside the entry of default and properly granted summary judgment against Wallis and Rossabi, any issues concerning the execution proceedings are rendered moot.

I. Factual and Procedural History

On 20 September 2004, A.C. Jones…