Weeks Cartage, Inc. v. CSX Transportation

ERVIN, Judge.

Weeks appeals from an order denying its motion to vacate a default judgment, arguing that its motion demonstrated excusable neglect, and its proposed answer, attached to its motion, demonstrated a meritorious defense as well. We agree, reverse and remand.

Weeks’ verified motion, unrefuted by any facts in the record, represents that one day following service of the complaint upon it, defendant, through its president, Marrón Weeks, called plaintiff’s counsel, stating that he was under no contract with appel-lee and considered that no amounts were due. The motion furthermore…