Smith v. Arkansas State Highway Commission

The appellee has moved to dismiss this appeal from a judgment of the Garland County Circuit Court, rendered after the appellee had answered and been notified of the trial date and after the trial court’s order setting aside the judgment.

The appellee correctly states that an order setting aside a default judgment is not a final order from which an appeal will lie. See Schueck Steel, Inc. v. McCarthey Brothers Co., 289 Ark. 436, 711 S.W.2d 820 (1986). However, a judgment rendered after the defendant has answered and after a trial at which he failed to appear is not a default judgment under ARCP…