DeCLERK v. TRIBBLE

No. 82-81.

637 S.W.2d 526 (1982)

John DeCLERK et al., Appellants, v. Bob TRIBBLE, Appellee.

Supreme Court of Arkansas.

Rehearing Denied July 12, 1982.


Attorney(s) appearing for the Case

Wilson, Grider & Castleman by Murrey L. Grider, Pocahontas, for appellants.

Barrett, Wheatley, Smith & Deacon, Jonesboro, and J. F. Sloan, III, Walnut Ridge, for appellee.


GEORGE ROSE SMITH, Justice.

The principal issue in this action for damage to a garage building is whether the trial court was right in refusing to enter a default judgment against the appellee, Bob Tribble, after his failure to file an answer within the time allowed. At a trial on the merits the jury found for Tribble. Our jurisdiction is under Rule 29(1)(c).

The question is whether Tribble's default was due to "excusable neglect" on the part of his attorney...

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