Elliott v. Stephens

A default judgment for $15,000 was entered against the appellant who, pursuant to Rule 60 (b), ARCP, asked that it be set aside; the trial court, after conducting a hearing on the motion, refused to set the default judgment aside. At issue on appeal is this question:

Did the trial court abuse the discretion granted to it by Rule 55 (c) in overruling appellant's motion to set aside the default judgment?

We have examined the record and have found no abuse of discretion. Our judgment is based upon the facts and circumstances of this case, and upon an application of the law relating to default…