In one of his first opinions for the court majority, Justice Josiah Coleman of Oxford wrote an affirmation of a 2012 decision by Circuit Judge Robert W. Elliott.
The lawsuit stemmed from a business disagreement between Jim Earl Aron and Paul Tyler over management of Automotive Finance Co.
Across seven years of legal filings, mistakes apparently were made to serve official notice on attorneys for Tyler. At some point, the original attorney left a firm, which delayed in informing the court that the attorney was gone, although at least one of its attorneys appeared at hearings for Tyler.
Ultimately, Elliott found in favor of Automotive Finance when no responses were made on behalf of Tyler.
When Tyler asked to set aside the decision and months later tried to amend his efforts, he was denied.
For the 9-0 court, Coleman said Tyler’s attorney was properly served with the final motion notice and that when given the chance to respond in court, he did not.