Healy v. Wick Building Systems, Inc.

ON MOTION FOR REHEARING

Wick contends that we erred in reversing several crucial findings of fact made by the trial court because no attack was made on these findings by an assignment of error on appeal.' In this respect, Wick argues that these findings were supported by substantial evidence. These “fact findings” go to both the question of conscious indifference, as well as the question of meritorious defense.

With respect to a meritorious defense, it is well settled that the trial court must, as a matter of law, determine from the motion for new trial and movant’s affidavit whether such a…