Little v. Orkin Exterminating Co.

Lewis, Chief Justice:

Default judgment, entered against respondent, Orkin Exterminating Company, Inc., in favor of appellant in the amount of $5,928.02, was set aside pursuant to Section 15-27-130 of the 1976 Code of Laws, on the ground that the judgment was entered through respondent’s mistake, *307inadvertence or excusable neglect. Appellant charges in this appeal that the lower court abused its discretion in setting aside the judgment because the finding of mistake and excusable neglect was without evidentiary support. We agree and reverse.

It is undisputed that the summons and complaint in this…