Knight v. Davis
Knight v. Davis
Opinion
This case seeks review of a default judgment entered against Appellant, Larry James Knight, for failure to appear at trial. We reverse and remand.
On December 3, 1975, Knight, while driving his automobile, struck and injured the minor Plaintiff-Appellee, Staicy O'Neil Davis. Suit was filed on April 6, 1976; served in August; and an Answer was filed on September 13.
Trial was originally set for January 26, 1977, but was reset for April 4. (The propriety of this resetting is not before the Court.) On April 1, allegedly without Knight's knowledge, the trial Court granted Knight's attorney's petition to withdraw as counsel in this cause. At the new date set for trial, it was again reset; this time for April 7. No notification of this continuance was given Appellant and, when he failed to appear on this subsequent date, a default judgment was entered against him. On that same date, the issue of damages was tried before the Court and a $250,000 judgment was entered. It is in this posture, then, that this case comes before us.
It is undisputed that the trial was set for April 4, 1977. Whether a default judgment properly could have been entered at that time is not the issue here presented because the trial Court, instead, chose to continue the case for a three-day period. It is the propriety of the procedure utilized in this second resetting which we must now determine.
Knight contends that by resetting the case for April 7 (a mere three-day continuance) the trial Court violated Rule 40 (a), ARCP.1 Rule 40 (a) provides, inter alia:
The trial of actions shall be set by entry on a trial docket at least 20 days before the date set for trial unless a shorter period of time is agreed to by all of the parties or available under the provisions of Rule 55, Default.
Knight's assertion that the failure to comply with the above-quoted rule mandates reversal of this cause is fallacious because this provision applies only to initial settings or to resettings to future trial dockets. To include within the ambit of this provision a continuance such as was here utilized would alter and disrupt current practice with no attendant benefit. Moreover, we have long held that the trial Court has inherent authority to exercise discretion in the control of its calendar and in the calling of cases. Knowles v. Blue,
The determination that Rule 40 is inapplicable does not satisfy the inquiry before us, however, because this case does not arise from "normal circumstances." Instead, Knight's attorney withdrew from the action, with the Court's approval, immediately prior to trial but unbeknown to Knight. Therefore, the question presently before us *Page 158 concerns the propriety of entering a default judgment where a party has no actual notification of the resetting of a case when his counsel withdraws, with the Court's approval, immediately prior to the date set for trial.
Initially, it must be noted that we have long recognized that the trial Court has discretion whether to grant a default judgment. Ex parte Central Alabama Dry Goods Co.,
The prevailing rule is that litigants must keep track of their case and know its status. Thompson v. Odom,
This rule presupposes that a litigant, either himself or through his attorney, has responsibility for his case. In such situations, facts becoming known to the attorney are considered known by the client. See Waters v. American Casualty Co.,
Therefore, in the absence of any notification, the trial Court abused its discretion by entering a default judgment where, as here, the attorney of record withdrew from the cause immediately prior to trial. For this reason, the judgment of the trial Court is due to be reversed and remanded for trial upon the merits.
REVERSED AND REMANDED.
TORBERT, C.J., and MADDOX, SHORES and BEATTY, JJ., concur.
Reference
- Full Case Name
- Larry James Knight v. Staicy O'Neil Davis, Etc.
- Cited By
- 28 cases
- Status
- Published