Dobbins v. Anderson

This is an appeal from denial of relief under Rule 60 (b), A.R.Civ.P. We affirm.

In June 1982 James and Madge Anderson purchased a lawnmower which proved defective. They sued in Baldwin County Circuit Court to recover their losses and for punitive damages. On June 14, 1984, a jury awarded them $1,247 for breach of warranty and $5,000 in punitive damages against defendant Sonny Dobbins individually and d/b/a General Tire and Auto. Dobbins failed to appear at trial or otherwise protect his interest.

On June 10, 1984, Dobbins filed a Rule 55 (c), A.R.Civ.P., motion to set aside the default…