West Apartments, Inc. v. Booth

Steele Hays, Justice.

This small claims case originated in municipal court. The only question is whether or not an appeal to circuit court was timely filed.

Leland Booth, appellee, filed a small claims action against West Apartments, appellant, in the Ft. Smith Municipal Court on October 12, 1987. Appellant was served by certified mail and the complaint and summons were received by appellant’s agent for service on October 15, 1987.

Subsequently, a default judgment was signed by Municipal Judge John Settle which recites that the cause came to be heard on November 3, 1987. There is no date stamp…