Novi Construction, Inc. v. Triangle Excavating Co.

On October 31, 1979, a judgment by default was entered against defendants-appellants, in Oakland County Circuit Court, in the amount of $65,217.18, plus interest and costs. From an order of December 5, 1979, denying motions to set aside the default judgment, and from an order of February 13, 1980, denying a motion for reconsideration, defendants appeal as of right, pursuant to GCR 1963, 806.1.

As their first assignment of error, defendants argue that the trial court improperly refused to exercise its discretion in ruling on defendants’ motions to set aside the default judgment. The procedure…