Ward v. Davis

CARL R. GAERTNER, Presiding Judge.

Defendants appeal the circuit court’s refusal to set aside a judgment entered after a hearing on an assigned trial date at which defendants and their attorney failed to appear.

Plaintiffs sued upon a promissory note given by defendants in consideration for the sale to defendants of an interest in a body shop. Defendants filed an answer in which they asserted no affirmative defenses. On the date set for trial plaintiffs and their counsel appeared, but no one appeared for defendants. The court clerk and bailiff attempted to contact counsel for the defendants, to…