Klaus v. Shelby

MARY RHODES RUSSELL, Judge.

Janice Klaus (“Plaintiff’) appeals from the trial court’s granting of a motion to set aside a default judgment. Plaintiff argues that the court erred in granting James Shelby’s (“Defendant”) motion to set aside the default judgment because he failed to show good cause for not filing an answer prior to default and did not state facts constituting a meritorious defense as required by Rule 74.05(d). We hold the court abused its discretion in setting aside the default judgment in that Defendant offered no evidence to support a finding that he had good cause. We reverse…