Burns & Ledbetter, Inc. v. Primark Marking Co.

Jordan, Justice.

This is an appeal from the grant of defendants’ motion for summary judgment against a complaint in equity seeking to set aside a default judgment.

Appellee Primark sued appellants Burns & Ledbetter and certain named individuals on an open account alleging indebtedness to it in the amount of $34,690.43 plus interest. Appellants filed an answer and counterclaim. The registered agent for Burns & Ledbetter, and one of the individual defendants, Fred W. Burns, III, decided to change lawyers. After an initial meeting between Burns and his new counsel, the attorney allegedly phoned…