Sheneman v. Sheneman

I dissent because the motion to set aside the default judgment was not supported by an affidavit of merits.

I

G-CR 1963, 520.4, provides that a motion to set aside a default judgment under rule 528 “shall be granted only if good cause is shown and an affidavit of facts showing a meritorious defense is filed”. (Emphasis supplied.) We have recently held that the requirements that both good cause and a meritorious defense be shown are applicable where it is sought to set aside a default judgment on a ground set forth in GrCR 1963, 528.3.1

While trial judges enjoy considerable discretion in deciding…