John Barb, Inc. v. Underwriters at Lloyds of London

OPINION

FRANKS, Judge.

Defendant-appellant failed to give timely notice of appeal pursuant to T.R.A.P., Rule 4, and sought relief from the judgment under T.R.C.P., Rule 60.02. This appeal is from the trial judge’s refusal to grant relief under Rule 60.

Appellant contends the trial judge failed to recognize as a matter of law his power under Rule 60.02 to grant relief from the judgment or, in the alternative, the trial judge erred in denying relief.

Arguments of both parties focus on the meaning of the trial judge’s order, 1 which requires construction. The rule of construction in construing…