Miles v. McClung

A default judgment was entered against the defendant. Thereafter, the defendant filed a Rule 60 (b), ARCP, motion for relief from the judgment. The trial court denied defendant's Rule 60 (b) motion and defendant appeals. We reverse and remand.

The dispositive issue is whether the plaintiff's affidavit filed pursuant to Rule 4.3, ARCP, is sufficient. If the affidavit does not satisfy the requirements of Rule 4.3 the defendant was not properly served and therefore the default judgment was due to be set aside.

A review of the record reveals the following:

The plaintiff sued the defendant on a…