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DYNASTEEL CORP. v. AZTEC INDUSTRIES, INC.

No. 90-CA-85.

611 So.2d 977 (1992)

DYNASTEEL CORPORATION v. AZTEC INDUSTRIES, INC.

Supreme Court of Mississippi.

December 31, 1992.

Attorney(s) appearing for the Case

Michael F. Myers, Steen Reynolds Dalehite & Currie, Jackson, for appellant.

Jeffery P. Reynolds, Heidelberg & Woodliff, Jackson, for appellee.

Before ROY NOBLE LEE, C.J., and PRATHER and BANKS, JJ.

BANKS, Justice, for the Court:

Here we consider a default judgment, without notice, for interest, attorneys' fees and punitive damages where the underlying debt was paid immediately after service of process, but no further action of record was taken by the defendant. We conclude that the defendant did not make an appearance so as to be entitled to notice within the meaning of Miss.R.Civ.P. 55(b), that the relief awarded was fairly within that

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