Somerville v. Skidmore

SWANN, Judge.

The appellant, defendant below, seeks review of a final judgment of the Civil Court *576of Record following a verdict rendered in a non-jury trial. The appellee has not filed .a brief. The parties will be referred to as in the trial court.

The defendant’s automobile ran into plaintiff’s service station as the result of a collision with a co-defendant. The plaintiff filed an action to recover for the damages to his service station.

A default and final judgment were entered against defendant. The trial court, on its own motion, subsequently set aside this final judgment on the ground…