Elmariah v. Associates Financial Services Corp.

This is an appeal from a final judgment entered against the appellant in a suit on a promissory note. In its order mandating the recovery of $21,781.17 in principal, court costs and attorney’s fees, the trial court noted that the appellant and his attorney were not present at the final hearing. Appellant, on receipt of the final judgment, moved for rehearing and argued that neither he nor his attorney received notice of the final hearing. Appellee did not submit any counter-affidavits in rebuttal to the notice issue raised. Noting that the court file contained a notice of the hearing and a…