Lehner v. Durso

We rarely reverse an order setting aside a default judgment based on excusable neglect; however, defendant’s utter disregard of the proceedings in this case was, as a matter of law, inexcusable.

Appellant plaintiff sued defendant as a result of the failure of the defendant to repay a loan, serving him on April 6, 2001. Plaintiff then served defendant with interrogatories, a request to produce, and requests for admissions. Defendant did not respond to the complaint or any of the other papers. Plaintiff then moved for a clerk’s default which was entered. Both the motion and the default were…