Avery v. Avery

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Rod Avery and Marshall Avery ("the Averys") appeal from the trial court's entry of default judgment against them in this will contest initiated by Trina Avery ("Trina"). The Averys present a single issue for our review, namely, whether the trial court erred when it entered default judgment against them for their failure to file an answer to Trina's verified complaint. We hold that a will contest is a civil action and that a defendant in a will contest is required to file an answer or otherwise plead to a complaint as provided in the trial rules.…