Roberts v. Johnson

CROW, Presiding Judge.

Paul 0. Johnson appeals from an order setting aside part of a judgment. We preface our discussion of the issues with a brief history of the litigation.

On September 9, 1986, a suit was filed in the Circuit Court of Greene County styled: “Steven L. Johnson, Plaintiff, vs. J.M. Roberts and General Fidelity Investments, Inc., Defendants.” It was assigned number CV186-2038CG4. We henceforth refer to the suit as “case 2038.”

A summons was issued that date (September 9, 1986) in case 2038 to the named defendants, J.M. Roberts and General Fidelity Investments, Inc. A return on…