Rawleigh, Moses & Co. v. Capital City Furniture, Inc.

BRITT, Judge.

Appellee has moved in this court that the appeal be dismissed as being premature, contending that the order of Judge McLean is interlocutory rather than final. Assuming without deciding that appellee’s contention is correct, we deem the questions raised sufficiently meritorious to be considered by us at this time, therefore, we treat the purported appeal as a petition for certiorari, allow the petition, and proceed to pass upon the questions presented.

First, we consider the question did the court err in setting aside the default judgment on the ground of excusable neglect as…