Fitzgerald v. Cummings

OPINION

VAIDIK, Judge.

Case Summary

Larry Fitzgerald appeals the decision of the trial court denying his motion to cor rect error. In particular, Fitzgerald claims that the trial court should have denied Susan Cummings’ motion to set aside the judgment against her because Cummings failed to establish any ground for relief and to show a meritorious defense. In addition, Fitzgerald claims that Cummings did not timely file her motion for relief. Because the trial court could find that Cummings showed excusable neglect and because she testified to a meritorious defense, we find that the trial court…