Em-Co Metal Products, Inc. v. Great Atlantic & Pacific Tea Co.

Goolsby, Judge:

The sole question for our consideration in this action to foreclose a mechanic’s lien is whether there was an abuse of discretion amounting to an error of law on the part of the lower court in relieving the respondents Great Atlantic & Pacific Tea Company, Inc. (A & P), and Haskell Company from default judgments and allowing them to answer. The appellant Em-Co Metal Products, Inc., asserts that the order appealed from was without evidentiary support and was controlled by an error of law. We disagree and affirm.

Em-Co served A & P, Haskell, and M & C Steel, Inc., with a summons,…