DeClerk v. Tribble, CA
| Decision Date | 07 May 1980 |
| Docket Number | No. CA,CA |
| Citation | 269 Ark. 572,599 S.W.2d 152 |
| Parties | John DeCLERK, Wilma DeClerk and Mike DeClerk, Appellants, v. Bob TRIBBLE, Appellee. 80-30. |
| Court | Arkansas Court of Appeals |
Wilson & Grider by Murrey L. Grider, Pocahontas, for appellants.
Barrett, Wheatley, Smith & Deacon, Jonesboro, Jim F. Sloan, III, Walnut Ridge, for appellee.
The appellants, John, Wilma and Mike DeClerk, filed a tort claim against appellee Bob Tribble on May 10, 1979. The complaint stated Tribble, in driving his truck and rig from DeClerks' repair shop, caused $9,000 damage to the building and $500 damage to another vehicle. The complaint further stated due to Tribble's negligence, Mike DeClerk was required to expend $619 for extra heating, $100 for a compound needed because of a leak, $200 for security dogs and $725 for additional man power. The summons was served on Tribble June 4, 1979. Tribble did not file an answer until June 29, 1979, which was five days past the twenty days allowed for filing an answer.
DeClerks filed a Motion for Default Judgment, alleging the answer of Tribble had not been timely filed. Tribble's Response to Motion for Default states there is a meritorious defense to the lawsuit. It also states that the tardiness in filing the responsive pleading was due to a "just cause", an "unavoidable casualty", and/or "excusable neglect" and that the Motion for Default should be denied and that the case should proceed to trial on its merits. Tribble's Response states Tribble took reasonable steps to get the suit papers in the hands of his attorney. The attorney's affidavit reflects an answer was prepared by him June 22, 1979, but the pleading became covered with other papers in the attorney's office and it was not discovered by him until the date upon which the answer was filed, June 29, 1979.
The Court denied the Motion for Default and ordered the Answer filed June 29, 1979, be allowed to stand and accepted as timely filed.
The DeClerks allege error in the Court's acceptance of the Answer as timely filed. DeClerks contend the reasons given for the filing of a late answer were not sufficient to justify the Court's refusal to enter a Default Judgment. The DeClerks contend there is no showing of unavoidable casualty, excusable neglect or other just cause.
Tribble argues the trial judge's order providing the case should proceed to trial on its merits, is not appealable since such ruling did...
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Associates Financial Services Co. of Oklahoma, Inc. v. Crawford County Memorial Hosp. Inc., 88-164
...or discontinues the action. ARAP Rule 2(a)(2). The denial of a motion for a default judgment is not a final order. DeClerk v. Tribble, 269 Ark. 572, 599 S.W.2d 152 (1980). The appeal is ...
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Chapter 2 Final Judgments and Appealable Orders
...not exhaustive, presents orders that are not final and appealable: • an order denying a motion for a default judgment, DeClerk v. Tribble, 269 Ark. 572, 574, 599 S.W.2d 152, 153 (1980); • an order denying a motion to dismiss, Lenders Title Co. v. Chandler, 353 Ark. 339, 349, 107 S.W.3d 157,......
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Chapter 2 Final Judgments and Appealable Orders
...not exhaustive, presents orders that are not final and appealable: • an order denying a motion for a default judgment, DeClerk v. Tribble, 269 Ark. 572, 574, 599 S.W.2d 152, 153 (1980); • an order denying a motion to dismiss, Lenders Title Co. v. Chandler, 353 Ark. 339, 349, 107 S.W.3d 157,......
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Chapter 2 Final Judgments and Appealable Orders
...ARAP-Civ 2(d). The following are not final, appealable orders: • an order denying a motion for a default judgment, DeClerk v. Tribble, 269 Ark. 572, 574, 599 S.W.2d 152, 153 (1980); • an order denying a motion to dismiss, Lenders Title Co. v. Chandler, 353 Ark. 339, 349, 107 S.W.3d 157, 163......
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Chapter 2 Final Judgments and Appealable Orders
...S.W.2d 856 (1994). The following are not final, appealable orders: • an order denying a motion for a default judgment, DeClerk v. Tribble, 269 Ark. 572, 599 S.W.2d 152 (1980); • an order denying a motion to dismiss, Lenders Title Co. v. Chandler, 353 Ark. 339, 107 S.W.3d 157 (2003); • an or......