Benson v. Harrell

This appeal arises from a civil case in which plaintiffs, Benson and Blair, alleged that defendant had breached an agreement to purchase a truck from them. The case was sent to mandatory court-annexed arbitration, where defendant eventually prevailed and was awarded attorney fees. Accordingly, the trial court entered a general judgment pursuant to which plaintiffs were to pay defendant the sum of $4,635.50. After defendant began collection proceedings, Blair filed a motion seeking to have the judgment against her set aside, arguing for the first time that she had been mistakenly named as a…