Werth v. Heritage International Holdings, PTO

Opinion by

Judge CRISWELL. *

Defendant, Heritage International Holdings, PTO, appeals the order denying its motion to set aside a default judgment entered in favor of plaintiff, Elmer Werth. We reverse and remand.

Plaintiff filed a complaint against defendant and two individuals (Bridges and Dalen) asserting claims for breach of contract, fraud, conversion, and deceptive trade practices arising from a promissory note executed by defendant and the individuals. Plaintiff later filed affidavits of service as to both defendant and Bridges.

After neither party responded to the complaint, plaintiff…