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JOHN WILEY CLARK AND WIFE4/15/1987
ourt wrote that the circuit court judges possess discretionary power in setting aside default judgments:
Indeed, upon a showing by the defendant that he has a meritorious defense, we would encourage trial judges to set aside default judgments in a case where, as here, no prejudice would result to the plaintiff. The importance of litigants having a trial on the merits should always be a serious consideration by a trial judge in such matters.
Id. at 9378, n. 3. Thus, any error made by a trial judge should be in the direction of setting aside a default judgment and proceeding with trial, as was done in this case. We, therefore, decline to reverse on this assignment of error.
VI. DISMISSAL OF THE INSURANCE COMPANIES.
Allstate and Home Insurance were named as original defendants to this suit. They were both dismissed by the court, on grounds that there was no statutory right of direct action. The appellants assert this as error, citing Rule 18, Miss. R. Civ. Proc., and its provision for liberal joinder of parties.
The rule in this state is that there is no right of direct action against an insurer. Smith v. City of West Point, 475 So. 2d 816 (Miss. 1985). There is no merit to this assignment.
We find it unnecessary to address any of the remaining assignments of error profferred by the plaintiffs. Finding no reversible error in this case, we affirm the judgment of the court below.
AFFIRMED.
WALKER, C.J., ROY NOBLE LEE AND HAWKINS, P.JJ., AND
PRATHER, ROBERTSON, SULLIVAN, ANDERSON AND GRIFFIN, JJ., CONCUR.
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