Ex Parte Smith

On petition of Robert Smith, we granted the writ of certiorari to review the Court of Civil Appeals',438 So.2d 762, affirmance of the circuit court order setting aside a third-party default judgment against Elbert Saint entered in district court. The Court of Civil Appeals affirmed the order, reasoning that under ARCP 14 (dc), the district court was without subject matter jurisdiction to enter a judgment. We quash the writ of certiorari because it was improvidently granted.

The issue before this court is the extent of the circuit court's subject matter jurisdiction on appeal where an action…