Ray v. Thomson-Kernaghan & Co.

I would reverse the denial of appellant’s motion to set aside the default.

In this case, the trial judge refused to set aside the default because he determined that appellant’s belief that he was being represented by the lawyer representing the corporate defendants was not reasonable and that appellant’s failure to maintain contact with the lawyer after giving her the pleadings and receiving her assurances that she would file an answer on his behalf was not excusable. However, the circumstances surrounding the default show that appellant’s belief concerning legal representation was reasonable,…