Myers v. Hendon

ROBERT M. PARKER, Retired Circuit Judge.

This is an appeal from denial of defendant’s rule 60(b) motion for relief from a default judgment.

Plaintiff sued Freeman Myers in small claims court and received a judgment against him on March 23, 1984. Defendant appealed the case to circuit court, but failed to appear for trial, and a default judgment was rendered against him. His rule 55(c) motion to set aside the default was denied on October 12, 1984, and his motion for relief of judgment was denied on December 7, 1984.

On appeal, the defendant argues that he did not have proper notice of trial,…