Wheeley v. Smith

QUINN, Associate Judge.

Appellee filed a third-party complaint against appellants. Appellants answered and counterclaimed against appel-lee for an unliquidated amount but claiming $1,650. Appellee failed to answer the counterclaim and a default judgment was entered against him in January 1958. While the entry of judgment sets forth the amount sued for, no ex parte proof was taken. Thus the entry must he treated as an interlocutory entry of default rather than a fully matured judgment, subject to ex parte proof before it could become final. In June 1959 appellee filed a motion to vacate the…