CARLS CONST., INC. v. GIGLIOTTI

No. 77-438.

577 P.2d 1107 (1978)

CARLS CONSTRUCTION, INC., and Carl Phelps, Plaintiff-Appellee, v. Joe GIGLIOTTI, Individually and d/b/a Custom Concrete Products, Defendants-Appellants.

Colorado Court of Appeals, Division III.

April 6, 1978.


Attorney(s) appearing for the Case

Kirschenmann, King, Dawes & Ker, Jon R. Ker, Durango, for defendants-appellants.


PIERCE, Judge.

Defendant, Joe Gigliotti, appeals the trial court's denial of his motion to set aside a default judgment. We reverse.

On November 8, 1976, defendant was served with summons and complaint in Webb County, Texas. His answer was therefore due on December 8, 1976. C.R.C.P. 12(a). Sometime in mid-December, defendant, acting without counsel, mailed to the court a letter which purported to be an answer and which set out a number of meritorious defenses...

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