Electric Plant Board v. Hickman-Fulton Counties Rural Electric Cooperative Corp.

MARTIN, Chief Judge.

This is an appeal from an order of the Fulton Circuit Court overruling appellant’s motion pursuant to CR 60.02 to set aside the court’s May 3, 1977, judgment. The issue presented by this appeal is whether the trial court erred in refusing to either set aside the judgment or to instruct the circuit court clerk to notify the parties of the entry of judgment pursuant to CR 77.-04(2).

On April 12, 1977, the circuit judge informed the parties by letter that he had reached a decision in their case. He left it up to the attorneys as to who would draft a judgment. As counsel for…