CDR Financial Services v. Burgstein
Glen Burgstein appeals from an order denying his motion to vacate the renewal of a judgment in favor of assignee CDR Financial Services, LLC. Court reverse the order and remand the matter to the trial court for further proceedings because the record indicates the trial court failed to consider Burgstein's undisputed claim he never was served with a summons and complaint in this action. Where a defendant proves he never was served, a motion to vacate the renewal of a judgment should be granted.
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