Applied Underwriters Captive Risk Assurance Co., Inc. v. Oceanside Laundry, LLCAnnotate this Case
In this appeal from a default judgment, the Supreme Court reversed the district court’s decision denying Appellant’s motion for reconsideration or, in the alternative, to set aside the default judgment on the basis of several defenses.
Appellee filed a breach of contract action against Appellant. When Appellant did not file a responsive pleading, the district court granted Appellee’s motion for default judgment. Appellant filed a motion for reconsideration or, in the alternative, to set aside the default judgment. In support of the motion to set aside, Appellant alleged several defenses, including lack of personal jurisdiction and improper venue. The district court overruled Appellant’s motion. The Supreme Court reversed, holding that Appellant made a showing sufficient to warrant setting aside the default judgment because Appellant made prompt application to set aside the default and demonstrated at least one meritorious defense in support of its motion.