Jax Sani Serva System, Inc. v. Burkett

ERVIN, Judge.

This case is an appeal of an order of the circuit court granting a motion to set aside a default judgment. We affirm.

Appellant filed a complaint against Ronald E. Burkett for damages, based on the failure of appellee to pay appellant a sum totaling $9,166. A motion for default was filed by appellant, and default was entered. Approximately two weeks later, appellee filed an answer and a motion to set aside the default and final judgment. The motion’s grounds for excusable neglect were as follows:

A. That on March 18, 1986, Defendant and his Wife learned that the child they were…