Craver v. Ramagli Realty Co.

PEARSON, Judge.

The defendant appeals a final judgment entered pursuant to a default for failure to plead to a second amended complaint. The controlling question is whether the default was lawfully entered. We find that the default was improperly entered and the cause is remanded for further proceedings.

A skeletal chronology of the pleadings is necessary: (1) 1st amended complaint 3/26/57, (2) answer 4/17/57, (3) 2nd amended complaint 4/26/57, (4) motion to dismiss 2nd amended complaint 5/21/57, (5) order denying motion to dismiss 6/7/57, (6) plaintiff’s motion for entry of default 6/19/57,…