Gahagen v. Mahoney

ANSTEAD, Judge.

This is an appeal from an order denying a motion to vacate and set aside a final judgment after default in a paternity action. We reverse.

Judith Mahoney filed a complaint on September 17, 1986 alleging that Tim Gahagen was the father of her child bom out of wedlock. Default judgment was entered against Tim exactly 30 days later by the clerk of the court on October 16. Judith filed a motion for final judgment after default in February 1987, and the court entered final judgment in March. In April Tim filed a motion to vacate and set aside the default and final judgment, attaching…