Bates v. Keyes Co.

The appellant, Dorothy E. Bates, was one of four defendants in the trial court. She appeals from the rendition of a judgment by default entered against her after her default. She assigns as error the order denying her motion to vacate the default. We reverse and hold that the trial court abused its discretion in failing to vacate the default and the entry of the default judgment.

Appellant was among four defendants sued by the plaintiff-appellee in a dispute concerning an exclusive listing agreement. Since the other three defendants filed their answer on time, they are not parties to this…