Charlton L. Davis & Company, P. C. v. Fedder Data Center, Inc., Financial Computer Corporation

RONEY, Circuit Judge:

The district court entered a $20,500 default judgment against two defendants, one of which was Financial Computer Corporation. Financial moved to set aside the judgment because the plaintiff failed to give the three-day notice required by Fed. R.Civ.P. 55(b)(2). The district court denied the motion. We reverse, deciding that Financial made a sufficient “appearance” to be entitled to Rule 55(b)(2) notice, and that adequate grounds exist for setting the judgment aside under Fed.R.Civ.P. 60(b).

Plaintiff filed this suit in the Middle District of Georgia on July 9,1976.…