Motion to set aside the default judgment was vacated when the defaulted parties’ entitlement to notice was violated.

The appellants had been properly served in the appellee’s lawsuit for damages resulting from a motor vehicle accident. The appellants were provided notice of a trial on liability, but they were not given a notice of trial on damages. Both appellants filed hand-written, pro se documents generally denying liability. Despite being served with multiple pleadings requiring their attention to and appearance in the trial court proceedings, the trial court did not hear from them until they filed a motion to vacate a default judgment. The appellants filed affidavits swearing that they had not received a copy of the order setting the damages trial. The court denied their motion to vacate the default judgment entered on liability, but because they were not served with the order setting the damages trial, the court granted their motion to set aside the judgment on damages.

_{Case Law Alerts, 2^nd Quarter, April 2018}

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