MOLLOY, Chief Judge.
This certiorari proceeding tests the propriety of a refusal of a trial court to grant a default judgment in a wrongful death action brought by a surviving parent. The trial court's refusal was based upon the fact that there was pending in the same court a previously filed wrongful death action against the same defendant by a surviving spouse of the deceased.
The surviving parent, who is the petitioner here, had previously moved to intervene...
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