Epstein v. Continental Bank & Trust Co.

HESTER, Judge:

This is an appeal from an order granting a petition to open a default judgment.

Almost 18 months passed between the filing of the complaint and the taking of the default judgment. The lower court opened the default reasoning that appellant’s failure to give notice of the entry of the default constituted a “snap” judgment.

As far as we can determine, the factual picture (taken from the depositions of the two attorneys involved), was as follows:

After the complaint had been filed, appellee’s attorney contacted appellant’s attorney and requested more time to file a responsive…