Gerald Bailey v. Estate of Jerry Ann Barksdale

¶ 40. I would find that the case should be dismissed for lack of subject-matter jurisdiction;2 thus, I respectfully dissent.

¶ 41. Gerald argues that the trial court erred in denying his Mississippi Rule of Civil Procedure 60 motion, because it was fundamentally unfair to enter a default judgment since no answer is required under Rule 81, and he did not' appear on September 13. Moreover, there was no hearing or introduction of evidence on the estate’s petition. •

¶42. Under Rule 81, even when the defendant is properly served and fails to appear, an entry of default is improper since no answer…