Viafax Corp. v. Stuckenbrock

LANSING, Judge.

The principal issue presented by this case is whether the plaintiffs motion to set aside a default judgment on the defendant’s counterclaim should have been granted where the counterclaim was filed but not served, and the default judgment entered, after the plaintiffs attorney had withdrawn and the plaintiff had failed to make an appearance through new counsel. We conclude that the plaintiff showed grounds for relief from the judgment, but we affirm the denial of the motion to vacate the judgment because the motion was not filed within a reasonable time.

BACKGROUND

Plaintiff…