Austin Burke, Inc. v. Vigilant Insurance Co.

A default was entered against the appellant, Austin Burke, Inc., on January 12, 1965, in an action brought by Vigilant Insurance Co. upon an assigned account. The defendant, appellant, was served with a notice of final hearing. This hearing was set before the trial judge at 2:00 P.M. on January 25, 1965. During the morning of January 25, the officer, resident agent, of the defendant who had received service of the summons and complaint, Austin H. Burke, called the trial judge and received confirmation that the hearing would be held at the time and place designated. No request for an extension…