This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The Plaintiff-Appellant, a materials supplier, sought to enforce a default judgment against the Garnishee-Appellee, a third party allegedly holding funds owed to the Defendant. The dispute arose from the Defendant's failure to pay for materials supplied by the Plaintiff-Appellant. The Garnishee-Appellee contested the default judgment, arguing it should be set aside.
Procedural History
- District Court, November 13, 2007: A default judgment was entered in favor of the Plaintiff-Appellant against the Defendant. (N/A)
- District Court, (date unspecified): The Garnishee-Appellee successfully moved to set aside the default judgment.
Parties' Submissions
- Plaintiff-Appellant: Did not contest the Court of Appeals' proposed summary disposition affirming the district court's decision to set aside the default judgment. (headnotes)
- Garnishee-Appellee: Argued that the default judgment should be set aside, presumably on procedural or substantive grounds.
Legal Issues
- Whether the district court erred in granting the Garnishee-Appellee's motion to set aside the default judgment.
Disposition
- The Court of Appeals affirmed the district court's order granting the Garnishee-Appellee's motion to set aside the default judgment. (headnotes)
Reasons
Per Fry CJ (Bustamante and Vigil JJ. concurring): The Plaintiff-Appellant did not contest the Court of Appeals' proposed summary disposition, which was based on the reasoning outlined in the Court's March 2, 2010, calendar notice. Consequently, the Court affirmed the district court's decision to set aside the default judgment. (headnotes)