Keithley v. Shelton

Fred Keithley and Tatiana Keith-ley (“Plaintiffs”) appeal from the trial court’s judgment setting aside a prior judgment on the merits entered against Don Shelton, Don Shook, and The Dons Productions (“Defendants”). Plaintiffs contend that the trial court erred in setting aside the judgment because Defendants failed to allege and demonstrate the requisite extrinsic fraud and failed to show they were free of fault, neglect, and inattention to the case.1 Finding that Defendants’ motion to set aside the underlying judgment does not allege any facts giving rise to extrinsic fraud as required, the…