{
  "id": 1751479,
  "name": "John DeCLERK et al v. Bob TRIBBLE",
  "name_abbreviation": "DeClerk v. Tribble",
  "decision_date": "1982-06-14",
  "docket_number": "82-81",
  "first_page": "316",
  "last_page": "317",
  "citations": [
    {
      "type": "official",
      "cite": "276 Ark. 316"
    },
    {
      "type": "parallel",
      "cite": "637 S.W.2d 526"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "224 S.W. 483",
      "category": "reporters:state_regional",
      "reporter": "S.W.",
      "year": 1920,
      "opinion_index": 0
    },
    {
      "cite": "145 Ark. 273",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1586144
      ],
      "year": 1920,
      "opinion_index": 0,
      "case_paths": [
        "/ark/145/0273-01"
      ]
    },
    {
      "cite": "255 Ark. 969",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        8725863
      ],
      "weight": 2,
      "year": 1974,
      "opinion_index": 0,
      "case_paths": [
        "/ark/255/0969-01"
      ]
    }
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  "last_updated": "2023-07-14T15:52:15.988639+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Dudley, J., not participating."
    ],
    "parties": [
      "John DeCLERK et al v. Bob TRIBBLE"
    ],
    "opinions": [
      {
        "text": "George Rose Smith, Justice.\nThe principal issue in this action for damage to a garage building is whether the trial court was right in refusing to enter a default judgment against the appellee, Bob Tribble, after his failure to file an answer within the time allowed. At a trial on the merits the jury found for Tribble. Our jurisdiction is under Rule 29 (1) (c).\nThe question is whether Tribble\u2019s default was due to \u201cexcusable neglect\u201d on the part of his attorney. ARCP Rule 55 (c); Sparks v. Shepherd, 255 Ark. 969, 504 S.W.2d 716 (1974). The only proof to justify the attorney\u2019s neglect is his affidavit that he prepared a timely answer, but upon its completion his secretary put it in a place where it was covered by other papers and was not brought to the attorney\u2019s attention until four days after its due date. If such carelessness is excusable, then any attorney can shift the responsibility for filing any pleading to his secretary by simply dictating the pleading and dismissing the matter from his mind. The trial judge clearly abused his discretion in condoning such negligence.\nIt is argued by the appellee that the notice of appeal was defective in referring only to the court\u2019s denial of a motion for a new trial instead of to the original judgment on the verdict. No greater specificity was necessary. An order refusing a new trial is final and brings up for review any preceding order involving the merits. Rules of Appellate Procedure, Rule (2) (a) (3) and (b). Moreover, the appellants designated the entire record for the appeal; so the alleged defect in the notice of appeal could not have prejudiced the appellee.\nReversed and remanded for the entry of a default judgment and for the determination of damages alleged in the complaint on file when the default occurred. See S. R. Morgan & Co. v. Pace, 145 Ark. 273, 224 S.W. 483 (1920).\nDudley, J., not participating.",
        "type": "majority",
        "author": "George Rose Smith, Justice."
      }
    ],
    "attorneys": [
      "Wilson, Grider \u00e9r Castleman, by: Murrey L. Grider, for appellants.",
      "Barrett, Wheatley, Smith ir Deacon, and/. F. Sloan, III, for appellee."
    ],
    "corrections": "",
    "head_matter": "John DeCLERK et al v. Bob TRIBBLE\n82-81\n637 S.W.2d 526\nSupreme Court of Arkansas\nOpinion delivered June 14, 1982\n[Rehearing denied July 12, 1982.]\nWilson, Grider \u00e9r Castleman, by: Murrey L. Grider, for appellants.\nBarrett, Wheatley, Smith ir Deacon, and/. F. Sloan, III, for appellee.\nDudley, J., not participating."
  },
  "file_name": "0316-01",
  "first_page_order": 340,
  "last_page_order": 341
}