Enclosures, Inc. v. American Pay Telephone Corp.

Plaintiff, Enclosures, Inc., appeals from the trial court order vacating the judgment plaintiff had obtained in its breach of contract action against defendant American Pay Telephone Corporation (APT). We reverse and remand.

Plaintiff filed this breach of contract action on March 16, 1995, against defendant APT and APT’s president, Donald Winton. A registered agent of APT was served with process. Winton was never served and he is not a party to this appeal. APT failed to file an appearance, and on April 27, 1995, a default judgment was entered against APT. On June 29, 1995, plaintiff failed to…