Firm Wins Reversal of Default Judgment

Chip Chiles, Joe Falasco, and Philip Elmore won reversal of an order striking an untimely answer and entering a default judgment.  Bates v. Homan, 2021 Ark. App. 266.  Retained after the defendant was held in default, the firm’s team succeeded on appeal by arguing that the plaintiff’s complaint failed to state a claim on which relief can be granted and that the default was void as a result.  The Arkansas Court of Appeals agreed, holding that the social-host immunity statute barred the plaintiff’s wrongful-death claims and reversing the order striking the defendant’s answer and denying the defendants’ motion to set aside the default.