Lawrence M Clarke, Inc v. Richco Construction, Inc

The issue in this case is whether the trial court abused its discretion when it concluded that defendants were personally notified of the default judgment against them and denied defendants’ motion to set aside the judgment. We hold that the trial court abused its discretion and that defendants are entitled to relief from the judgment under MCR 2.612(B) because (1) personal jurisdiction over defendants was necessary and apparently acquired,1 (2) defendants had no knowledge of the action pending against them, (3) defendants entered an appearance within one year after the final judgment, (4)…