Haddock Flying Service v. Tisdale

Cureton, Judge:

Respondent Haddock Flying Service obtained a default judgment against appellant Eloise Tisdale in this breach of contract action. Tisdale moved to vacate the judgment based on the fact that in the absence of the individual partners’ being named as parties, the partnership lacked capacity to sue. The trial court refused to hear the motion because proper notice of the motion had not been given to Haddock. Tisdale appeals. We affirm.

Henry Haddock operates an aerial pesticide (crop dusting) service called the Haddock Flying Service. Haddock filed an action against appellant Tisdale…