Meakin v. Martin

QUINN, Associate Judge.

Appellee filed a complaint seeking to recover the amount due on a promissory note together with interest and attorney’s fees. The complaint was not verified, no affidavit was filed, and the certificate of the notary was merely an authentication of appellee’s signature.1 Personal service was obtained, and when no answer was filed the clerk of the trial court entered judgment by default. Seventeen months later appellant moved to set aside the judgment on the ground that the clerk was not authorized to enter judgment in the absence of a verified complaint or affidavit, and…