Cerella v. Rinker Materials Corp.

This is an appeal from an order denying the motion of the defendant, Cerella, to set aside a default judgment and ensuing judicial action based thereon. The gravamen of the appellate plaint concerns the adequacy of the service of process. We have examined the allegations and the record, together with the advices of counsel, and find no reversible error. This finding is based primarily upon the failure of the appellant to furnish us an adequate record whereby error might be demonstrated. His primary motion is unsworn and is non-evidentiary. It is upon the facts contained therein that he rests…