Eastin v. Franklin

SHRUM, Judge.

In this case we are asked to decide if the defendant J.C. Franklin was denied due process of law when judgments were entered against him in a trial conducted without the presence of him or his lawyer. The defendant claims he and his lawyer did not receive notice of the trial setting. From our review of the record, we conclude that the defendant did not receive notice of the trial setting and, under the facts of this case, the lack of notice deprived the defendant of due process of law. We reverse the judgment and remand the case for a new trial.

PLAINTIFFS’ MOTION TO DISMISS APPEAL