Groves v. Roy G. Hildreth and Son, Inc.

The appellant, one of the defendants below, Nitro Energy, Inc. (“Nitro”), appeals from an order denying Nitro’s motion to set aside a default judgment. The trial court entered a default judgment as to liability against Nitro, and several months later entered a final default judgment for damages against Nitro in the amount of $704,000.00. Subsequently, Nitro filed a motion to set aside the default judgment under Rule 60(b) of the West Virginia Rides of Civil Procedure. The trial court denied the motion on February 20, 2007.

For the reasons stated, infra, we reverse and remand this matter to the…