Roberts v. Empire Fire & Marine Insurance

specially concurs.

I concur in our opinion. I write separately only to set forth what I believe is further support and grounds for our decision that the District Court manifestly abused its discretion in setting aside the default judgment entered in favor of Roberts.

At the outset it is important to note that the District Court entered the default judgment against Empire following a hearing and the receipt of testimony and evidence. Even acknowledging the obvious— i.e. that Empire was not in court to present countervailing evidence or to rebut Roberts’ evidence — the tenor and detail of the…