DeClerk v. Tribble

George Rose Smith, Justice.

The principal issue in this action for damage to a garage building is whether the trial court was right in refusing to enter a default judgment against the appellee, Bob Tribble, after his failure to file an answer within the time allowed. At a trial on the merits the jury found for Tribble. Our jurisdiction is under Rule 29 (1) (c).

The question is whether Tribble’s default was due to “excusable neglect” on the part of his attorney. ARCP Rule 55 (c); Sparks v. Shepherd, 255 Ark. 969, 504 S.W.2d 716 (1974). The only proof to justify the attorney’s neglect is his…