affirmed, 503 U.S. 115, 112 S.Ct. 1061, 117 L.Ed.2d 261 (1992); see also Daniels v. Williams, 474 U.S. 327, 331-34, 106 S.Ct. 662, 664-67, 88 L.Ed.2d 662 (1986); Davidson v. Cannon, 474 U.S. 344, 347-48, 106 S.Ct. 668, 670-71, 88 L.Ed.2d 677 (1986); Campbell v. City of San Antonio, 43 F.3d 973, 977 (5th Cir.1995); Salas v. Carpenter, 980 F.2d at 307; Streetman v. Jordan, 918 F.2d at 557 n. 3; Herrera v. Millsap, 862 F.2d 1157, 1160 (5th Cir.1989) F.3d at 1047 n. 3. 175 . See docket entry no. 8. 176 . See docket entry no. 10. 177 . See docket entry no. 14. 178 . See docket entry no. 46. 179 . See docket entry no. 31. 180 . Ganther v. Ingle, 75 F.3d 207, 212 (5th Cir.1996). 181 . See Sun Bank of Ocala v. Pelican Homestead & Savings Association, 874 F.2d 274, 277 (5th Cir.1989), (<HOLDING>); Charlton L. Davis & Co., P.C. v. Fedder Data
holding that an individual who is not served cannot be at fault or negligent in allowing a default judgment to be rendered holding that the trial court did not violate due process in considering the defendants motion to dismiss because the defendant had corrected its error in not serving its motion to dismiss on the plaintiff and because the plaintiff had received adequate time to consider and respond to the arguments made in the motion holding that a motion to dismiss or for summary judgment precluded default judgment holding that a default judgment could not be rendered without satisfying the procedural requirements of rule 55b2 fedrcivp after the defendant had made an appearance in the lawsuit by filing an answer in state court in a case that had been removed to federal court holding that default judgment could not be rendered after the defendant had served plaintiff with a copy of a motion to dismiss that had not then been filed