The appellants obtained a default judgment against Grocery Dayton for $980,200 after discontinuing their action against Wakefern Food Corporation.
Upon discovering Grocery Dayton was not a legal entity, the appellants moved to amend the judgment to add Wakefern as a judgment debtor, arguing Grocery Dayton was merely an alias for Wakefern.
The motion judge dismissed the motion, finding insufficient evidence that the two were the same entity.
The Court of Appeal upheld the dismissal, agreeing there was insufficient evidence and that it would be unfair to add Wakefern without allowing it to defend the action on its merits.
However, the Court exercised its jurisdiction to set aside the discontinuance against Wakefern.
