McHenry v. Klemmer

OPINION OF THE COURT

JANIS MARY HALKER, County Judge.

ORDER GRANTING DEFENDANT’S MOTION TO SET ASIDE DEFAULT AND FINAL JUDGMENT

Plaintiff filed this action for possession of real property on July 8, 1985 and obtained service of process on July 12, 1985. On July 19, 1985 Defendants, through counsel, served an answer, affirmative defenses and counterclaim by mail. Defendants’ pleading was received by the Clerk on July 22, 1985 and was filed at 11:57 A.M. However, on July 22, 1985 at 9:27 A.M. the Clerk had already entered a default against Defendants upon which a Final Judgment was entered and a…