Ferguson v. Duron, Inc.

McMurray, Senior Appellate Judge.

Duron, Inc. sued John Ferguson d/b/a Ferguson & Son Painting to recover $13,811.01 due on an open account, $490.38 interest and $1,455.14 in attorney fees. Duron served Ferguson with interrogatories and requests for admission along with the complaint. Ferguson, proceeding pro se, filed an answer but failed to respond to discovery requests. Alleging Ferguson had admitted the debt, Duron moved for summary judgment, which was granted on May 21, 1999.

Ferguson then retained counsel, who discovered that Ferguson had never been served with the summary judgment…