Maxwell v. W.K.A. Inc.

SMITH, Judge.

In this consolidated appeal concerning related actions, plaintiff appeals from a dismissal without prejudice entered in one action (the first case) and a summary judgment in defendants’ favor entered in the other (the second case). We affirm the summary judgment and reverse the dismissal without prejudice.

On January 29, 1982, plaintiff initiated the first case by filing a complaint to collect on a note executed by defendants. On June 1, 1982, the trial court entered a default judgment in favor of plaintiff and against defendant. On September 22, 1982, at a hearing held pursuant…