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

Supplemental Opinion on Rehearing October 20, 1986

Robert H. Dudley, Justice.

In the original opinion, 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. Maxwell, 240 Ark. 29, 397 S.W.2d 788 (1966) we said: “The order setting aside the default judgment at a term subsequent to the one…