McEWEN LUMBER v. LIPSCOMB BROS. LUMBER

Record No. 840882.

360 S.E.2d 845 (1987)

McEWEN LUMBER COMPANY v. LIPSCOMB BROTHERS LUMBER COMPANY, et al.

Supreme Court of Virginia.

October 9, 1987.


Attorney(s) appearing for the Case

Robert B. Ritchie (Ritchie & Ritchie, Richmond, on briefs), for appellant.

Gary L. Denton (Beale, Eichner, Wright, Denton & Balfour, P.C., Richmond, on brief), for appellee, Lipscomb Bros. Lumber Co.

No brief or appearance for appellees, Gerald C. Twiggs, Wayne W. Morris and Margie W. Morris.

Amicus Curiae: Borg-Warner Acceptance Corp. (Samuel M. Walker, Jr., Coates & Comess, Richmond, on brief), for appellees.

Present: All the Justices.


RUSSELL, Justice.

Under Rule 1:1, a final judgment remains under the control of the trial court "for twenty-one days after the date of entry, and no longer." Code § 8.01-428(A), however, provides:

Default judgments and decrees pro confesso; summary procedure.—Upon motion of the judgment debtor and after reasonable notice to the opposite party, his attorney of record or other agent, the court may set aside a judgment by default or a decree...

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