J. C. Penney Co. v. West

Defendant, Albert West, appeals from the order of the trial court of April 16, 1981, which vacated its prior order quashing service of summons and allowed a default judgment to stand against him.

On February 23, 1978, a default judgment was entered against defendant in the amount of $1,199.14, plus costs. On June 1, 1978, defendant’s attorney, Ira Silbar, appeared specially on defendant’s behalf and was granted leave to file a motion to quash service of summons. The trial court scheduled a hearing on defendant’s motion for September 28, 1978. Defendant did not appear on that date, nor did he…