Hubbard v. Shores Group, Inc.

Robert H. Dudley, Justice.

The trial court granted a default judgment for appellant Harold Hubbard against appellee Mid-Arkansas Tom’s and set damages in the amount of $56,345.40. Later, appellee Mid-Arkansas Tom’s moved to have the default judgment set aside. The trial court granted the motion, set aside the default judgment, and also dismissed appellant’s complaint with prejudice. Appellant Hubbard appeals. We affirm the order setting aside the default judgment and the dismissal of the complaint, but modify it to a dismissal without prejudice.

Mid-Arkansas Tom’s is the distributor for Tom’s…