CMS JONESBORD REHABILITATION, INC. v. LAMB

No. 91-70.

812 S.W.2d 472 (1991)

306 Ark. 216

CMS JONESBORO REHABILITATION, INC. d/b/a Northeast Arkansas Rehabilitation Hospital, Inc., Appellant, v. Boyd and Delores LAMB, Appellees.

Supreme Court of Arkansas.

July 1, 1991.


Attorney(s) appearing for the Case

Jim Lyons, Jonesboro, James M. McHaney, Paula Jamell Storeygard, North Little Rock, for appellant.

David Rees, Jonesboro, for appellees


BROWN, Justice.

This appeal arises from a default judgment entered against the appellant, CMS Jonesboro Rehabilitation, Inc. d/b/a Northeast Arkansas Rehabilitation Hospital, Inc. ("CMS"), and in favor of the appellees, Boyd Lamb and Delores Lamb, in the amount of $23,572.75. CMS advances the arguments that the service was defective and, alternatively, that the failure of CMS to answer was due to excusable neglect and unavoidable casualty or misfortune.

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