Truck & Trailer Sales Corp. v. East Coast Transportation Co.

Marshall, Judge.

Appellant Truck and Trailer Sales Corporation appeals from the trial court’s denial of its motion to open a default judgment.

Appellee East Coast Transportation Company filed a complaint alleging that appellant was bailee of appellee’s truck and had permitted the truck to be stolen while at appellant’s place of business for repairs. The complaint was served on appellant on June 30,1975. No answer was filed, but on August 18,1975, appellant’s attorney filed a motion, under oath, "to open the default on grounds of excusable neglect.” A hearing on the motion to open the default,…