Gordon v. Dickerson
Annotate this CaseThe Court of Appeals affirmed a circuit court judgment which affirmed a county court judgment denying Julio Gordon’s motion to set aside a default judgment. The Mississippi Supreme Court granted Gordon’s petition for certiorari to consider the trial courts’ interpretation and application of Rule 13(k) of the Mississippi Rules of Civil Procedure. After review, the Supreme Court found the rule was misinterpreted and misapplied to the exclusion of Rule 15(a) of the Mississippi Rules of Civil Procedure, and that the county court erred by not setting aside the default judgment against Gordon. Accordingly, the Supreme Court reversed the Court of Appeals’ decision, reversed the circuit court, vacated the default judgment, and remanded this case back to the county court for further proceedings on the merits.
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