Hinton v. Beck
Plaintiff, commenced this personal injury action 11 and one-half years ago. When defendant denied coverage for the plaintiff’s loss and refused to defend, he entered into an agreement with defendant not to execute any judgment against defendant in exchange for an assignment of defendant’s rights against the insurance company. Appellant obtained a default judgment against defendant, but her subsequent action against the insurance company ended in defeat when that court declared the default judgment void for failure to serve defendant with a statement of damages, and refused to acknowledge a subsequently entered judgment declaring defendant had impliedly waived service of a statement of damages. Court, however, reversed the order of dismissal because the court concluded that a five year period in which to bring the action to trial does not run during the time a default judgment is entered.
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