Larkin v. Branch Banking & Trust Co.

BRYAN, Judge.

Benjamin Larkin, Jr., individually and d/b/a Larkin Fine Furniture (“Larkin”), appeals from the denial of a motion to set aside a default judgment entered in favor of Branch Banking and Trust Company (“BB & T”). We reverse and remand.

On July 15, 2011, BB & T sued Larkin, alleging claims of negligence, wantonness, unjust enrichment, breach of contract, money lent, money had and received, and misrepresentation. The record on appeal contains a signed return-on-service form indicating that Larkin was served with the summons and complaint on July 18, 2011. On August 24, 2011, BB & T…