Spence v. Supreme Heating & Air Conditioning Co.

YOUNG, Judge.

In their cross-appeal, defendants-appel-lees Supreme Heating and Air Conditioning Company, Inc. and Isbell’s Heating and Air Conditioning, Inc. contend that the trial court erred in granting plaintiffs-appellants James and Sandra Spence’s Trial Rule 60 motion for relief from judgment. Supreme and Isbell’s claim that the trial court’s failure to give them notice of the motion and to hold a hearing on the motion requires us to reverse the trial court’s judgment. We agree and reverse and remand.

The relevant facts are as follows: On January 15, 1979, the Spences commenced their…