Foote v. Jitney Jungle, Inc.

George Rose Smith, Justice.

On January 19,1983, the appellant obtained an $87,831.75 default judgment against the appellee, upon the appellee’s failure to file a timely response to a writ of garnishment issued upon a judgment the appellant had obtained against C.C. Gladden. On motion the trial judge set aside the default judgment upon a finding of unavoidable casualty. ARCP Rule 60 (c) (7). Our jurisdiction of this appeal from the final judgment in the matter is under Rule 29 (1) (c). We affirm.

The facts are not in dispute, the appellant having offered no testimony at the hearing on the motion…