Lumsden v. Lawing

LEWIS, Judge.

Plaintiffs appeal from the denial of their Rule 60 motion for relief from the trial court’s original judgment. Although the trial court’s ruling on such a motion is within its sound discretion, for the reasons stated we find that the trial court abused its discretion in denying plaintiffs’ motion and hereby reverse the order of the trial court.

The undisputed facts reveal that defendants sold real property to plaintiffs in 1987. The property, however, was unsuitable for use as a single family residence as warranted. On 24 August 1990, the trial court granted plaintiffs rescission…