VerraLab JA LLC v. Cemerlic

The Supreme Court reversed the judgment of the court of appeals reversing the circuit court's denial of Dr. Senad Cemerlic and ABG Pain Management's motion to set aside a default judgment and reinstated the trial court's denial of the motion to set aside the default judgment, holding the trial court did not abuse its discretion in denying the motion.

VerraLab JA, LLC filed a complaint alleging that Cemerlic and ABG breached an agreement between the parties. VerraLab filed a motion for default judgment arguing that Cemerlic and ABG had failed to answer or file any other responsive pleading and that they had been served through the Secretary of State's office. The circuit court granted the default judgment. Cemerlic and ABG later moved to set aside the default judgment arguing that they had not been served. The circuit court denied the motion to set aside, concluding that Cemerlic chose to refuse a certified letter from the Secretary of State. The court of appeals reversed. The Supreme Court reversed, holding that the affirmative action taken to avoid service of process fell short of good cause to have the default motion to set aside.