Kennedy v. Starr

HEDRICK, Judge.

Defendant contends it was error for the trial court to deny her motion to set aside the default judgment. Defendant’s argument is two-fold: first, that the trial court was required under Rule 60(b) to find as fact certain uncontroverted assertions contained in the affidavits offered in support of the motion and, second, that the facts which the trial court should have found established defendant’s right to have the default judgment set aside.

Defendant’s argument is apparently offered in support of her position with respect to both subsections of Rule 60(b) under *186which her…