Hightower v. Krystal Co.

Carley, Presiding Judge.

Appellant-plaintiff initiated this tort action and, on July 2, 1990, service of process was made on appellee-defendant’s registered agent. The case went into default, however, and the issue of damages was eventually tried before a jury without an appearance by appellee. On October 31, 1990, judgment was entered on the jury’s verdict as to appellant’s damages. On March 13, 1991, appellee filed a motion to set aside the judgment or, in the alternative, for new trial. The basis for the motion was that appellee had been unaware that the suit had gone into default. After a…