Kozlowski v. Capital Mailing Services CA3
The trial court granted a motion by defendants Perice Sibley and Capital Mailing Service, Inc. (CMSI) to set aside entry of default and default judgment against them. Plaintiff Eric Kozlowski appeals, contending (1) the motion was untimely, and (2) the trial court erred if it considered the evidence attached to the motion.
We conclude (1) the motion could be brought at any time because the entry of default and default judgment was void for lack of personal jurisdiction, and (2) the record does not establish that the trial court relied on extrinsic evidence. We will affirm the trial court’s order.
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