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BYRD v. DARK

No. 95-164.

911 S.W.2d 572 (1995)

322 Ark. 640

Neal BYRD and Wanda Byrd, Appellants, v. Glenn DARK, Appellee, State Farm Mutual Insurance Company, Appellee.

Supreme Court of Arkansas.

December 4, 1995.

Attorney(s) appearing for the Case

Lewis E. Epley, Jr., Tim S. Parker, Eureka Springs, for appellant.

Margaret M. Newton, Gail O. Matthews, Little Rock, for State Farm Mutual Insurance.

Brian Allen Brown, Richard N. Watts, Little Rock, for appellees.

BROWN, Justice.

The issue in this appeal is whether the circuit court erred in setting aside only the damages awarded as part of a default judgment. Appellants Neal Byrd and Wanda Byrd assert that the circuit court did err for multiple reasons, including lack of authority under Ark.R.Civ.P. 55(c) to rehear the issue of damages, while leaving the default on the issue of liability intact. We agree that the court did not have...

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