Perry Equipment Co. v. Marine Trading & Transportation, Inc.

Defendant having failed to respond seasonably to plaintiff’s complaint initiating this action, a default judgment was entered in the Sixth District Court, Knox County, on March 18, 1977. The following October 5th, defendant moved the District Court, pursuant to Rule 60(b)(1), D.C.Civ.R., to set aside the default judgment on the grounds of excusable neglect. After a hearing, the trial Judge denied the motion. Defendant thereupon filed a timely appeal in the Superior Court, Rule 60(c), D.C.Civ.R., which, after a second hearing, was, in turn, denied.

Rule 60(c), D.C.Civ.R., states

A party…