Raine v. First Western Bank

A default judgment was entered against defendants, Sam Raine, Jr. and Norman Ceravolo, in favor of plaintiff, First Western Bank, for $30,040.48 and costs. Defendants' 60 (b) motion to set aside entry of default was denied by the trial court and this appeal follows. Plaintiff moves this Court to dismiss the appeal as untimely filed. The motion to dismiss is denied; however, the trial court's denial of defendants' motion to set aside the default is hereby affirmed.

The lawsuit below was based on a default by B B Coal Co., Inc., Billy Hyche and Billy Kirby, as makers, on the payment oftwo…