Interstate Excavating, Inc. v. Agla Development Corp.

I respectfully dissent.

In denying defendant’s motion to vacate judgment, the trial court was applying a specific statutory standard: “On motion and upon such terms as are just, the court may in the furtherance of justice relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; . .”1 It is not to be questioned that the policy of the law favors the granting of *372such relief in the case of a default judgment 2 and that the remedy should be liberally administered in order to grant…