AMCA International Corp. v. Carlton

The basic issue presented is whether the trial court erred in entering a default judgment against appellant-employer under the circumstances of this case. This court holds that the trial court violated Civ. R. 55(A) in entering the default judgment and hence such judgment was improper.

The proper procedure for holding a party in default is set forth in Civ. R. 55(A) which provides in pertinent part as follows:

“Entry of judgment. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, the party entitled to a…