Grant v. Cox

JOHNSON, Judge.

Defendants first contend that the trial court abused its discretion in denying their motion to set aside the default judgment on the basis of excusable neglect.

Initially, we note that defendants’ motion to the superior court was for relief “from the judgment on the grounds of mistake, inadvertence, surprise and excusable neglect and on the other grounds specified in Rule 60b.” In their motion, defendants argued that the receipt of the second summons and the deputy’s advice led them to believe that they had 30 days from service of the second summons to respond. This argument…