J.A. Bitter & Associates v. Haberman

OPINION

PEEPLES, Justice.

Relator J.A. Bitter & Associates seeks a writ of mandamus compelling respondent to vacate an order granting a new trial and setting aside a default judgment. We conditionally grant the writ.

Bitter filed suit on October 25, 1990, against defendants Alvin Frieden and Bur-gies West Commerce, Inc. The record shows service on both defendants, though the judgment recites service on “the defendant.” The judgment, signed on December 14, 1990, awards $242,205.71 plus attorney’s fees, costs, and interest against both defendants and states that all relief not expressly granted is…