Abercrombie v. Miller

Carley, Chief Judge.

When appellant-defendants failed to appear for trial, their answer was stricken and a default judgment was entered in favor of appellee-plaintiffs. Appellants then filed a motion, seeking the grant of a new trial or the setting aside of the default judgment. Appellants’ motion was based upon their alleged lack of notice of the trial. Appellants offered evidence in support of their motion and appellees submitted evidence in opposition. The trial court, after conducting a hearing, denied the motion and appellants appeal directly from that order.

1. “In the present case,…