Borer v. Lewis

The plaintiffs, Deborah and Ted Borer (hereinafter the “Plaintiffs”), appeal from a court of appeals decision affirming a trial court order setting aside a default judgment against the defendant, Carolyn Lewis (hereinafter the “Defendant”). The trial court found that the Defendant proved by a pre*377ponderance of the evidence that process had never been served to her, and the court of appeals affirmed. The Plaintiffs argue that the lower courts erred in requiring the Defendant to prove that the default judgment should be set aside only by a preponderance of the evidence. Instead, the Plaintiffs…