Slaughter v. Faust

Shulman, Judge.

After securing a default judgment against appellees, appellant gave them notice of his intent to execute the judgment by levy. An attorney retained by appellees communicated to appellant his contention that the judgment was void because the service copy of the complaint served on appellees was not signed by the clerk of the trial court. Alleging a concern that a suit for damages would follow any attempt to enforce the judgment, appellant sought a declaratory judgment that the default judgment was valid. This appeal is from the judgment of the trial court holding the default…