Eaddy v. United States
Eaddy v. United States
Opinion of the Court
This is an appeal from an order denying a motion to vacate a default judgment for possession of a unit occupied by appellant in a National Capital Housing Authority project due to nonpayment of rent.
The default judgment was entered on December 22, 1969. A writ of restitution was issued on March 23, 1970, and six days later appellant filed a motion to vacate the default judgment and quash the writ of restitution, accompanied by a verified answer to the complaint for possession. The eviction was stayed and a hearing was held on March 26, 1970.
At the hearing on the motion to vacate it developed
Appellant contends that the trial court abused its discretion in denying the motion to vacate the default judgment because a diligent effort was not made to obtain personal service prior to “posting”,
We are unable to conclude that, as a result of counsel’s representations, the court necessarily accepted as facts that appellant did not receive the summons and complaint and had no knowledge of the action until she received the writ of restitution. On the other hand, we think that in order to exercise properly its discretion under G.S.
Because of this unsatisfactory state of the record, we have no alternative but to vacate the order of the trial court denying the motion and remand for further proceedings on the motion to vacate the default judgment.
So ordered.
. The facts are contained in an approved “Statement of Proceedings and Evidence.”
. D.C.Code 1967, § 16-1502.
. See Barr v. Rhea Radin Real Estate, Inc., D.C.App., 251 A.2d 634 (1969).
Reference
- Full Case Name
- Annette Louise EADDY v. UNITED STATES
- Cited By
- 1 case
- Status
- Published