Foote v. Jitney Jungle
In Foote v. Jitney Jungle, 283 Ark. 103, 671 S.W.2d 186 (1984), counsel for the appellee represented to appellant's counsel that there might be some difficulty in filing an answer by the due date, and appellant's attorney responded, "Don't worry.
File it whenever you obtain the information." Nonetheless, appellant's attorney obtained a default judgment two days after the due date, and the trial court later set it aside.
In affirming, the supreme court stated, "At the very least there was a misunderstanding about whether the appellee's time for answering had been extended by agreement." 283 Ark. at 104, 671 S.W.2d at 187.