McGrady v. D'Andrea Electric, Inc., No. 30259 Summary Calendar.

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtPER CURIAM
Citation434 F.2d 1000
Decision Date01 December 1970
Docket NumberNo. 30259 Summary Calendar.
PartiesThomas L. McGRADY, Plaintiff-Appellee, v. D'ANDREA ELECTRIC, INC., Defendant-Appellant.

434 F.2d 1000 (1970)

Thomas L. McGRADY, Plaintiff-Appellee,
v.
D'ANDREA ELECTRIC, INC., Defendant-Appellant.

No. 30259 Summary Calendar.*

United States Court of Appeals, Fifth Circuit.

December 1, 1970.


Dennis R. Deloach, Jr., of Fisher, Sauls, Adcock & Keough, Seminole, Fla., for appellant.

Guillermo A. Ruiz, Brown, Ruiz, Watson & Goldstein, St. Petersburg, Fla., for appellee.

434 F.2d 1001

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

PER CURIAM:

This is an appeal from the trial court's denial of defendant's motion to set aside a default judgment. The complaint in the instant suit was filed on June 17, 1968, and subsequently default was entered for failure to appear or answer. On December, 17, 1968, however, an order was entered vacating the default for a technical failure in service of process on the defendant. The summons was then reissued and the defendant corporation was served again on January 17, 1969. On January 24, 1969, the defendant corporation filed an "answer" in the form of a letter from its president denying the allegations of the complaint. On March 24, 1969, pursuant to notice given to the parties, a pretrial conference was held. No representative from D'Andrea attended this conference. An order was entered after the conference directing the Clerk to enter default against the defendant because the letter of January 24 from the company's president did not constitute an answer and because a representative of the defendant failed to appear at the pretrial conference. Default was entered against the defendant on March 26, 1969. On April 7, 1969, the defendant through its attorney filed a timely motion to set aside the default, alleging certain defenses to the complaint. The motion was denied on November 7, 1969. Final judgment awarding damages to the plaintiff was entered April 17, 1970. The defendant appealed. We affirm.

The record in this case discloses sufficient evidence of appellant's delay and failure to comply with court rules to justify the entry of a default pursuant to F.R.Civ.P. Rule 55. There is considerable disagreement between the parties over whether the appellant's letter of January 24, 1969 satisfied the fundamental requirements of an answer set forth in F.R.Civ.P. Rule 8. We deem it unnecessary to decide whether appellant's purported "answer" was adequate, however, for the district court also based its order on the appellant's failure to appear at pretrial conference. There is ample authority to...

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38 practice notes
  • Wilkins v. AmeriCorp Inc. (In re Allegro Law LLC), Case No. 10–30631–WRS
    • United States
    • United States Bankruptcy Courts. Eleventh Circuit. U.S. Bankruptcy Court — Middle District of Alabama
    • February 16, 2016
    ...Imps., Inc., 740 F.2d 1499, 1512 (11th Cir.1984). Default has been entered and affirmed for less. In McGrady v. D'Andrea Elec., Inc., 434 F.2d 1000 (5th Cir.1970), the defendant corporation filed as its purported answer a letter from its president denying the allegations of the complaint. M......
  • F.M.D. Holdings v. Regent Fin. Corp., 5:20-CV-269-H
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Northern District of Texas
    • December 10, 2021
    ...for entering a default judgment. Sindhi v. Raina, 905 F.3d 327, 332 (5th Cir. 2018) (ultimately citing McGrady v. D'Andrea Elec., Inc., 434 F.2d 1000, 1001 (5th Cir. 1970) (“There is ample authority to uphold a district court's power to order entry of a default for failure to comply with co......
  • Hoxworth v. Blinder, Robinson & Co., Inc., No. 92-1108
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • December 2, 1992
    ...defendant failed to obtain new counsel, although entry of judgment did not occur for another year); McGrady v. D'Andrea Elec., Inc., 434 F.2d 1000, 1001 (5th Cir.1970) (failure to appear at pretrial conference is ground for Rule 55 default); Shapiro, Bernstein & Co. v. Continental Recor......
  • U.S. v. New-Form Mfg. Co., Ltd., SLIP OP. 03-77.
    • United States
    • U.S. Court of International Trade
    • June 30, 2003
    ...hearing and failure to respond to court notices constituted failure to "otherwise defend"); McGrady v. D'Andrea Electric, Inc., 434 F.2d 1000, 1001 (5th Cir. 1970) (failure to appear at pretrial conference and failure to comply with court orders or rules warrants default judgment ......
  • Request a trial to view additional results
38 cases
  • Wilkins v. AmeriCorp Inc. (In re Allegro Law LLC), Case No. 10–30631–WRS
    • United States
    • United States Bankruptcy Courts. Eleventh Circuit. U.S. Bankruptcy Court — Middle District of Alabama
    • February 16, 2016
    ...Imps., Inc., 740 F.2d 1499, 1512 (11th Cir.1984). Default has been entered and affirmed for less. In McGrady v. D'Andrea Elec., Inc., 434 F.2d 1000 (5th Cir.1970), the defendant corporation filed as its purported answer a letter from its president denying the allegations of the complaint. M......
  • F.M.D. Holdings v. Regent Fin. Corp., 5:20-CV-269-H
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Northern District of Texas
    • December 10, 2021
    ...for entering a default judgment. Sindhi v. Raina, 905 F.3d 327, 332 (5th Cir. 2018) (ultimately citing McGrady v. D'Andrea Elec., Inc., 434 F.2d 1000, 1001 (5th Cir. 1970) (“There is ample authority to uphold a district court's power to order entry of a default for failure to comply with co......
  • Hoxworth v. Blinder, Robinson & Co., Inc., No. 92-1108
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • December 2, 1992
    ...defendant failed to obtain new counsel, although entry of judgment did not occur for another year); McGrady v. D'Andrea Elec., Inc., 434 F.2d 1000, 1001 (5th Cir.1970) (failure to appear at pretrial conference is ground for Rule 55 default); Shapiro, Bernstein & Co. v. Continental Recor......
  • U.S. v. New-Form Mfg. Co., Ltd., SLIP OP. 03-77.
    • United States
    • U.S. Court of International Trade
    • June 30, 2003
    ...hearing and failure to respond to court notices constituted failure to "otherwise defend"); McGrady v. D'Andrea Electric, Inc., 434 F.2d 1000, 1001 (5th Cir. 1970) (failure to appear at pretrial conference and failure to comply with court orders or rules warrants default judgment ......
  • Request a trial to view additional results

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