Summary
In Savoretti v. Rodriguez-Jiminez, 252 F.2d 290, 291 (5th Cir.1958), the court held that a district court should set aside as void a default judgment that has been entered without the three day notice required by Rule 55(b)(2).
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No. 16835.
February 11, 1958.
Richard R. Booth, Asst. U.S. Atty., James L. Guilmartin, U.S. Atty., Miami, Fla., for appellant.
David W. Walters, Miami, Fla., for appellee.
Before RIVES, BROWN and WISDOM, Circuit Judges.
We are of the opinion that the district court erred in not setting aside the judgment by default which had been entered without the notice required by Rule 55(b)(2) of the Federal Rules of Civil Procedure, 28 U.S.C.A. Such default judgment is therefore vacated and the cause remanded for further proceedings.
Vacated and remanded.