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Civil Procedure - good cause to set aside default judgment: First Horizon Home Loan Corporation v. Barbanel (COA 7/2/2009)

By Michael Stevens

First Horizon Home Loan Corporation v. Barbanel
2008-CA-000083 07/02/2009 2009 WL 1884397

Opinion by Judge Acree; Judge Nickell and Senior Judge Knopf concurred.
The Court affirmed an order of the circuit court denying appellants? motion to set aside a default judgment. The Court held that the trial court did not abuse its discretion when it determined that appellants failed to demonstrate good cause, as required by CR 55.02 and set forth in CR 60.02, for their failure to answer appellee?s complaint. Appellants? carelessness in their handling of the complaint, couched as good cause, was insufficient to explain why they failed to timely file their answers.

Full post as published by Kentucky Cases on September 21, 2009 (boomark / email).