State Farm Mutual Automobile Insurance v. Day

HOLMES, Judge.

Roger A. Day and John H. Brown were each involved in an automobile accident. State Farm, as subrogee of John H. Brown, sued Day alleging that Day’s negligence *106was the cause of the accident. Day failed to appear and contest State Farm’s claim. Consequently, a default judgment was entered in favor of State Farm.

State Farm then filed a garnishment against Allstate, the liability carrier of Day’s mother. Allstate resisted the garnishment. However, after various motions by both parties, judgment was ultimately rendered against Allstate by the district court.

Allstate then appealed the…