Vannoy v. Earth Biofuels, Inc.

CAROL M. HANSEN, Presiding Judge.

11 Defendant/Appellant, Earth Biofuels, Inc. (Earth), seeks review of the trial court's order denying its petition to vacate a default judgment entered against it for $1,000,000.00 in favor of Plaintiff/Appellees, Toby Vannoy and Mary Vannoy (the Vannoys), in their tort action to recover for personal injury. We reverse and remand, holding 12 O.8.Supp. 2002 § 2004(B)(2) requires notice of the specific amount of damages sought be given the party against whom default judgment is sought.

T2 The Vannoys' petition against Earth alleged Toby Vannoy was injured as a…