Ferguson v. Naylor

BOYD, Justice.

Jerrold Ferguson1 brings this appeal from a September 18, 1992 default judgment. In the appeal he contends that a prior default judgment, rendered July 10, 1992, when he had no answer on file was vacated, and the entry of the September 18, 1992 judgment was made in error because he had an answer on file at the time it was entered. Agreeing, we reverse the judgment and remand the matter to the trial court for a trial on its merits.

A chronology of the pleadings and proceedings in the trial court is necessary to our disposition.

May 28, 1992: Vickie Naylor brought suit against…