Carson v. Lee

OTT, Chief Judge.

This appeal raises the question of whether appellant, defendant below, was afforded proper notice of appellees’ application for default prior to entry of the default and final default judgment. We hold that the notice appellant received was insufficient. Consequently, the default and default final judgment are vacated.

Appellees filed a three-count complaint against appellant. Following service of process, appellant filed a motion to dismiss. The motion was denied, and appellant was given until May 24, 1983, a period of twenty days, to file his answer. No answer or other…