Custom Fabricators of Granite & Marble Inc. v. Lenarduzzi

NATURE OF CASE

Custom Fabricators of Granite and Marble, Inc. (Custom Fabricators), obtained a default judgment against Mario Lenarduzzi and Dario Lenarduzzi (the Lenarduzzis) on October 3, 1997. The Lenarduzzis thereafter filed a motion to set aside the default judgment in the same court term during which the default judgment was granted. After that term expired, the district court determined that the order purporting to dispose of the motion for default judgment was void and, thereafter, sustained the Lenarduzzis’ motion to set aside the default judgment. It is from this order that Custom…