McClurg v. Deaton

I respectfully dissent. This case presents an unusual fact scenario where New Prime, Inc. and Deaton (collectively, *89Petitioners) challenge a default judgment — obtained, in my opinion, by Respondents’ trickery and deception — by contesting damages, rather than contesting liability. The majority concludes the issue of whether the default judgment should be set aside is unpreserved for appellate review because a meritorious defense was neither raised to, nor ruled upon by the circuit court. I believe both Petitioners raised a meritorious defense in their original pleadings before the circuit…