Block v. Tosun

Nancy C. Block and John E. Stephens, Jr., as Trustees of the Jackson Martindell Trust dated December 30, 1988, (the “Trustees”) appeal the trial court’s order setting aside a 1992 default final judgment against Rip Tosun. Because the trial court granted Tosun’s motion to vacate without first conducting an evidentiary hearing, we reverse and remand for further proceedings.

The Trustees originally filed their complaint against Tosun in March 1992. On July 23, 1992, a default final judgment for $72,081.53 was entered in favor of the Trustees after Tosun failed to file any response in the case.…