Green Seed Company Case Study
In Perry v. Central Bank & Trust, 812 S.W.2d 166 (Ky. Ct. App, 1991 The Courts like to judge cases based on their merit. Dressler v. Barlow, 729 S.W. 2d 464, 465 (Ky. App. 1987. These all support our efforts in getting the default judgement dismissed.
In Green Seed Company, Inc. v. Harrison Tobacco Storage Warehouse, Inc., 663 S.W.2d 755 (Ky. Ct. App. 1984). CR 12.01 requires a defendant to serve his answer within twenty (20) days after the service of the summons. The defendant’s failure to file an Answer is reason for a default judgment against them. The judgement cannot be set aside and achieve in Court if the party cannot show good cause and a meritorious defense. CR 55.01; Terrafirma, Inc. v. Krogdahi 380 S.W. 2d 86 (Ky. 1964) The defendant is not entitled to have the judgment set aside, unless the defendant can show reasonable excuse for the delay in answering and prove that he is not guilty of unreasonable delay. The opposing side will try to use these, but we can show good cause and have a meritorious defense with the robbery that occurred at Dr. Furlow’s …show more content…
Central Bank & Trust, 812 S.W.2d 166 (Ky. Ct. App, 1991) it was shown that the parties had every intention of responding to the suit and answering the summons. It also supports that a motion to set aside the default judgement, may not be honored if the attorney or party were careless in their actions to file the answer. We can prove that Dr. Furlow had every intention of answering this summons. He was not able to because of the robbery that took place at his home and his concern for his families’ wellbeing. So based on Ky. Civ. R. 55.02 and Ky. Civ. R. 60.02 we have a valid point for setting aside the default judgement. Dr. Furlow gave Mr. Brown instructions and a prescription for his infection. Dr. Furlow gave him another appointment to have the tooth pulled. He explained to Mr. Brown the consequences, if he did not follow the instructions and keep his appointment to have the tooth