Darcy v. Bekins Van Lines Co.

HORN, J.,

This matter is before the court on defendant’s petition to amend the docket and strike plaintiffs’ default judgment or, in the alternative, to open the default judgment.

The procedural history of this case is determinative of the outcome of this petition. The complaint was filed on November 17, 1987. Counsel for defendant received the complaint on December 9, 1987. By stipulation of counsel, defendant’s answer was due by Monday, January 11, 1988. For whatever reason, the answer was not mailed until January 11, 1988. It was sent by an overnight courier and reached the courthouse by…