Setting aside default judgment: LEEDY V. THACKER (COA 1/11/2008)

LEEDY V. THACKER
CIVIL PROCEDURE:  Default judgment, appearances, and setting aside for good cause
2006-CA-002313
PUBLISHED: REVERSING AND REMANDING
PANEL: HENRY PRESIDING; TAYLOR, HENRY CONCUR
COUNTY: PIKE
DATE RENDERED: 01/11/2008

The CA reverses and remands entry of default judgment in two trespass cases for failure to notify the defendant/appellant, who had filed a pro se answer. Defendant had failed to provide his return address on his answer, but his subsequent counsel placed it in the court file on a motion to withdraw. CA holds that under CR 55.01, if a party has "appeared," as here, the 3-day notice of hearing requirement is triggered.

Plaintiff/appellees made no good faith effort to notify defendant, even though his address was in the file and he was a neighbor of theirs for many years.

John Hamlet
Sitlinger, McGlincy, Theiler & Karem

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