Cummins v. Paisan Construction Co.

Mitchell Lee Cummins seeks review of a trial court’s order setting aside a default judgment against Paisan Construction Company in a personal injury suit. The trial court granted Cummins a default judgment against Paisan on December 30, 1981. Paisan moved to set aside the default judgment and for a new trial. On January 26, 1982, within thirty days of the date of judgment, the trial court granted Paisan’s motions. At the new trial the court rendered judgment for Paisan on the basis of jury findings.

Cummins appealed the trial court’s granting of a new trial, alleging Paisan had not proved that…