Judson v. Wheeler RV Las Vegas, LLC

Plaintiffs William and Donna Judson secured a default judgment against Wheeler RV Las Vegas on a complaint asserting breach of contract and misrepresentation claims arising out of the Judsons' purchase of a recreational vehicle from Wheeler. Wheeler sought to set aside the default judgment, asserting surprise or excusable neglect in its failure to answer the complaint, suggesting that Wheeler was the wrong party because its predecessor was the entity that sold the Judsons their RV, and questioning their district court's jurisdiction over Wheeler. The district court denied Wheeler's motion. The court of appeals affirmed, concluding that Wheeler failed to make a "clear and specific proffer" of a meritorious defense required as a predicate for setting aside a default judgment under Utah R. Civ. P. 60(b). The Supreme Court reversed, holding that, under the simple pleading standard set forth under Rule 60(b), Wheeler's meritorious defense allegations were sufficient. Remanded to resolve the issue of whether Wheeler established the "surprise and excusable neglect" predicate for setting aside the default judgment. View "Judson v. Wheeler RV Las Vegas, LLC" on Justia Law