Payne v. Doss

— Defendant-appellant Richard F. Payne (Payne) appeals from a judgment pursuant to a default order entered after his failure to timely respond to the complaint filed by plaintiff-appellee Joel Benjamin Doss (Doss). The issue presented is whether the trial court abused its discretion in granting Doss’ application for default and denying Payne’s subsequent motion for relief therefrom.

On May 31, 1974, Doss filed his complaint against Payne alleging that he had been assaulted and twice shot and was therefore deserving of damages for permanent injuries, pain and suffering. A copy of the complaint…