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SANDERFORD v. PRUDENTIAL INS. CO. OF AMERICA

No. 89-3733.

902 F.2d 897 (1990)

Lee Y. SANDERFORD, Ella V. Yarborough, Plaintiffs, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant/Third-Party Plaintiff/Appellee, v. Daniel KIKLY, Third-Party Defendant/Appellant.

United States Court of Appeals, Eleventh Circuit.

June 5, 1990.

Attorney(s) appearing for the Case

William L. Townsend, Jr., Walton, Townsend & McLeod, Palatka, Fla., for third-party-defendant-appellant.

H. Franklin Perritt, Jr., Marks, Gray, Conroy & Gibbs, P.A., Jacksonville, Fla., for defendant-third party plaintiff-appellee.

Before KRAVITCH, Circuit Judge, RONEY and ALDISERT, Senior Circuit Judges.

ALDISERT, Senior Circuit Judge:

We are called to decide whether the district court erred when it entered a final default judgment against a third-party defendant who was properly served with a timely, albeit defective summons. We hold that it did not. Accordingly, we will affirm the district court in this appeal brought by the third-party defendant, Daniel Kikly.

We are persuaded that when a defective summons is served, the defendant has the right, and indeed...

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