Wool & Murdoch v. Devost

Plaintiff partnership sued defendant for legal services rendered, and obtained a default judgment which defendant has appealed. We reverse and remand.

Following service of the complaint on December 9, 1985, defendant entered an appearance through his attorney, filed an answer, and moved to dismiss. There was no progress on the case until November 23, 1987, when the district court sent a notice that a civil calendar call would be held on December 7, 1987, and that failure to attend the calendar call would result in entry of default. Defendant moved for a continuance on November 30, 1987,…