Elliott v. Kennedy

FRED W. JONES, Judge.

On November 15, 1984 a default judgment for $18,000 was confirmed in favor of plaintiff Elliott against defendant Kennedy. On November 26,1984, defendant filed a motion for a new trial, later amended to assert that his original counsel was negligent in failing to file an answer to plaintiffs petition. Upon denial of the motion for a new trial defendant appealed, contending that (1) the evidence offered by plaintiff upon confirmation of the default was insufficient to support the judgment rendered, and (2) the trial court erred in refusing to grant the motion for a new…