Schueck Steel, Inc. v. McCarthy Bros. Co.

717 S.W.2d 816 (1986)

289 Ark. 436

SCHUECK STEEL, INC., Appellant,

v.

McCARTHY BROTHERS COMPANY, Appellee.

No. 86-96.

Supreme Court of Arkansas.

October 20, 1986.

DUDLEY, Justice.

In the original opinion, 289 Ark. 436, 711 S.W.2d 820 (1986), we dismissed this appeal on the basis that the order setting aside a default judgment was not a final order. In the petition for rehearing, the petitioner argues that we erroneously applied the "final order" rule because the default judgment in the case was set aside over ninety days after the judgment was entered. The petitioner's argument is valid. In Maxwell v.…