South Dakota Supreme Court July 9, 1997, None (Roso v. Henning)

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United States · · · 09-07-1997

KONENKAMP, Justice.

[¶ 1.] Following service of a summons and complaint with no response, plaintiff obtained a default judgment without notice to defendants. Yet before suit, plaintiff and defendants’ insurer engaged in settlement negotiations. Was this a sufficient “appearance” to require notice before taking a default judgment?

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