Sylvester

INTRODUCTION

Plaintiff and appellant James Sylvester obtained a default judgment against defendants Mearl and Naseem Marshall, after they failed to respond to the summons and complaint. The Marshalls moved to quash service of the summons and to set aside the default judgment, on the grounds they were never served and did not have actual notice of the action. The trial court granted the motion. Sylvester appeals from the order granting the Marshalls’ motion. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On April 27, 2012, Sylvester sued the Marshalls for breach of contract, seeking repayment of two loans. Sylvester filed proofs of service of the summons and complaint. When the Marshalls didn’t respond to the summons and complaint, their default was entered. Default judgment was eventually entered against the Marshalls on October 17, 2012, in the amount of $248,578. The minute order stating that judgment was entered was mailed only to Sylvester, but Sylvester filed a proof of service of the judgment on the Marshalls. On August 22, 2013, the Marshalls moved to quash service of the summons and complaint and to set aside the default judgment. The Marshalls asserted that the proofs of…