Fridena v. Palmer

CAMERON, Justice.

This is an appeal from an order of the trial court refusing to grant the motion of the defendant-appellant, Daniel T. Fridena, Jr., D.O., to set aside a default and default judgment.

We are called upon to determine:

1. Whether the court had jurisdiction by reason of service of process, and

2. whether the court abused its discretion in failing to set aside the default and judgment.

On 12 April 1968, plaintiff, Dean H. Palmer, filed a medical malpractice suit naming Daniel T, Fridena, Jr., D.O., along with A. L. Armstrong, D.O. and Physicians and Surgeons Hospital, Inc., as…