Sauder v. Ferguson

PRESENT: All the Justices SUSAN M. SAUDER OPINION BY v. Record No. 140805 JUSTICE ELIZABETH A. McCLANAHAN April 16, 2015 DENNIE LEE FERGUSON, JR. FROM THE CIRCUIT COURT OF ROCKINGHAM COUNTY Bruce D. Albertson, Judge Susan M. Sauder appeals from the final order of the circuit court denying her motion to set aside the default judgment entered in her favor against Dennie Lee Ferguson, Jr. Sauder argues the circuit court had no discretion to deny her motion because the default judgment was void ab initio as a result of her failure to obtain valid service upon Ferguson. In the alternative, she…