Allstate Insurance Company v. Travelers Insurance Company

Smith, Justice.

Appellants, Evelyn Cochran and Allstate Insurance Company, obtained a default judgment against Levitz Furniture Company on December 3,1980. During the next term of court, on January 28,1981, Levitz filed a motion to open default and an out of time motion for new trial. On the same date, Levitz and Travelers Insurance Company filed a complaint in equity to set aside the default judgment. After hearing, the trial court granted the motion to open default and the motion for new trial, and found in favor of Levitz and Travelers on their complaint in equity. The parties were ordered…