Winner v. Flory

Briscoe, J.:

Plaintiffs, Mr. and Mrs. Greg Winner, sued defendant, Roger Flory, for false imprisonment and were granted default judgment after defendant failed to answer the petition or make any court appearance. Defendant subsequently filed a motion to set aside the default judgment, which was denied by the district court.

The defendant contends (1) the trial court abused its discretion in refusing to sustain his motion to set aside the default judgment; and (2) the trial court erred in failing to set aside the default judgment because the plaintiffs failed to comply with Supreme Court Rule…