Orgill Bros. and Co., Inc. v. Rhodes

PREWITT, Judge.

We first discuss defendant’s motion to dismiss the appeal which was taken with the case. Defendant contends that the notice of appeal was not timely filed.

Plaintiff filed suit against defendant on July 14, 1981. The sheriff’s return states that defendant was personally served with a summons and a copy of plaintiff’s petition on July 15, 1981. Defendant defaulted and judgment for plaintiff was entered on October 26, 1981. On March 25, 1983, defendant filed a motion for writ of error coram nobis, contending that he was not served. Following a hearing on April 25, 1983, on May 10,…