Crystal Capitol, LLC v. Katharine McManus Barber

Case Number
M2006-00027-COA-R3-CV

The trial court refused to set aside a default judgment based upon the defendant’s delay in filing a motion to set aside. Because the defendant promptly notified the court that she had a meritorious defense, because the only evidence in the record shows the defendant did not willfully ignore the action against her, because the plaintiff has failed to allege or show any prejudice that would result from setting aside the judgment, and because relief should be granted where there is any reasonable doubt that the judgment by default should be set aside, we reverse.

Authoring Judge
Judge Patricia J. Cottrell
Originating Judge
Judge Walter C. Kurtz
Case Name
Crystal Capitol, LLC v. Katharine McManus Barber
Date Filed
Dissent or Concur
This is a dissenting opinion
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