Alberts v. Etess
Genny Alberts and American Development Company filed complaints against M. Hank Etess and others for malicious prosecution, and obtained default judgments against Etess for $132,779. After more than 6 months had passed, Etess moved to set aside the default judgment, claiming the plaintiffs failed to serve a statement of damages and service of the summons and complaint was defective. The trial court granted Etesss motion. Subsequently, Alberts and ADC filed a motion for new trial, seeking to set aside the order setting aside the default on the grounds that the trial court had no power to change a default judgment after it became final. The trial court granted the motion, and Etess appeals. Court affirm.
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