Oliver v. Sawyer

Appellant Oliver was involved in an automobile accident with Eugene Sawyer on December 6, 1976. Sawyer filed suit against Oliver on March 2, 1977, alleging negligence and wanton misconduct. The defendant failed to file an answer or make an appearance within thirty days as required by Rule 12, ARCP. Sawyer moved for a default judgment. On April 19, 1977, the trial court granted Sawyer's motion for default judgment and, after hearing testimony ore tenus, awarded Sawyer $50,000 in damages.

Within thirty days of the entry of default, on May 17, 1977, Oliver filed a motion to set aside the default…