Hen House, Inc. v. Robertson

This is an appeal from an order of the Circuit Court of Elmore County denying the defendant's motion for relief from judgment filed under Rule 60 (b), ARCP. We reverse and remand with directions.

The judgment from which relief was sought was a default judgment. The defendant's sole contention on appeal is that the default judgment was void because the plaintiffs failed to give the required three-day notice due a party who has appeared in the action under Rule 55 (b)(2), and that, therefore, defendant was entitled to Rule 60 (b) relief. Whether the defendant had "appeared in the action" is the…