UTE, Inc. v. Apfel

*26OPINION

Suit was filed by appellant and service of process was made upon respondent on February 1, 1973. On February 22, 1973, default was entered against respondent. Four days later he filed a motion to set aside the default. That motion was accompanied by respondent’s affidavit alleging that he had misinformed his counsel as to the date of service of process.

A hearing was held March 21, 1973, and an order was entered setting aside the default judgment and allowing respondent five days in which to answer.1 The record is devoid of any transcript or other document which might reveal what…