Legal Opinion

Jennings v. Rivers

Court of Appeals for the Tenth Circuit

Decided January 4, 2005No. 04-6000PublishedCited by 168 opinions

1Opinion of the Court

McKAY, Circuit Judge.

In this civil diversity case, the district court entered a default judgment against defendants J.B. Flowers and Evan Howell when they failed to participate in the litigation. At the scheduled damages hearing, plaintiff and her counsel arrived approximately twenty minutes late, to learn that the district court had awarded zero dollars in damages based on a failure of proof. The district court denied plaintiffs subsequent motion for relief. On appeal, we conclude that the district court abused its discretion in denying plaintiffs motion to set aside the judgment. We reverse…

2Cases cited29 opinions

  1. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
  2. Koon v. United StatesSupreme Court of the United States · 1996
  3. Servants of the Paraclete v. DoesCourt of Appeals for the Tenth Circuit · 2000
  4. Wright Ex Rel. Trust Co. v. Abbott Laboratories, Inc.Court of Appeals for the Tenth Circuit · 2001
  5. Osterneck v. Ernst & WhinneySupreme Court of the United States · 1989

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3Cited by168 opinions

  1. Smith v. United StatesCourt of Appeals for the Tenth Circuit · 2009
  2. Obriecht v. RaemischCourt of Appeals for the Seventh Circuit · 2008
  3. Joan Mullin v. Karen BalickiCourt of Appeals for the Third Circuit · 2017
  4. MLC AUTOMOTIVE, LLC v. Town of Southern PinesCourt of Appeals for the Fourth Circuit · 2008
  5. Commonwealth Property Advocates, LLC v. Mortgage Electronic Registration Systems, Inc.Court of Appeals for the Tenth Circuit · 2011

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