Diedrichs v. Empfield

This is an action for the recovery of attorney’s fees. On the continuous failure of the defendant to comply with the order of the court for the production of records, the court entered a judgment by default on September 8, 1971. On October 4, 1971, defendant filed a motion requesting vacation of the judgment and the granting of a new trial. Notwithstanding the failure to file the motion within 10 days from the entry of judgment, the court on November 22, 1971, entered a conditional order setting aside the judgment on compliance by defendant with certain specified conditions. Defendant failed…