Court of Appeals of Arkansas November 25, 1981, CA 81-127 (Pounders v. Chicken Country, Inc.)

Melvin Mayfield, Chief Judge,

dissenting. The motion to set aside the judgment in this case was based upon Rule 55 (c) and Rule 60 of the Arkansas Rules of Civil Procedure. It was not based upon Ark. Stat. Ann. § 29-107 (Repl. 1979) and that statute was not even mentioned in the motion. No meritorious defense was suggested either in the motion or the hearing before the court.