Tedford v. Divine

HODGES, Justice.

Teddy Lee Tedford (appellant/plaintiff) filed an action against Howard Divine (ap-pellee/defendant) for damages sustained during an automobile accident allegedly caused by appellee’s cows. Although a summons was personally served, appellee failed to answer the complaint within the statutory time period. On January 18, 1985, a default judgment was entered against appellee. Appellee filed a motion to vacate default judgment on February 25, 1985, which was granted by the trial court. Then on March 5, 1985, appellee filed a petition to vacate default judgment. After consolidating…