FREDERICKSBURG CONST. v. WYNE EXCAVATING

Record No. 992259.

530 S.E.2d 148 (2000)

260 Va. 137

FREDERICKSBURG CONSTRUCTION COMPANY, INC. v. J.W. WYNE EXCAVATING, INC.

Supreme Court of Virginia.

June 9, 2000.


Attorney(s) appearing for the Case

S. Vernon Priddy III (Joseph M. Sullivan, Faifax, Sands Anderson Marks & Miller, Radford, on briefs), for appellant.

Rex L. Edwards, Jr., (Christian A. Brashear, Davies, Barrell, Will, Lewellyn & Edwards, on brief), Culpeper, for appellee.

Present: All the Justices.


KOONTZ, Justice.

In this appeal we consider whether the trial court properly denied a motion to vacate a judgment that a defendant contended was void because the judgment had been entered without proper notice.

BACKGROUND

On January 19, 1994, Fredericksburg Construction Company, Inc. (Fredericksburg), filed a motion for judgment against J.W. Wyne Excavating, Inc. (Wyne), alleging breach of contract for failure to complete certain subcontracting work...

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