Carol Bracken Orten v. Thaddeus Charles Orten - Dissenting

Case Number
E2004-02987-COA-R3-CV

I respectfully dissent from the majority opinion. I would hold that the trial court erred in not setting aside the entry of the default judgment against Mr. Orten. In my judgment the evidence supports the conclusion that Mr. Orten did not intentionally fail to appear at the second Trial Management Conference, but simply forgot to appear. Entry of a default judgment against Mr. Orten is too drastic a measure in this case.

Authoring Judge
Judge Sharon G. Lee
Originating Judge
Judge Bill Swann
Case Name
Carol Bracken Orten v. Thaddeus Charles Orten - Dissenting
Date Filed
Dissent or Concur
This is a dissenting opinion
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