Coburn v. Kerswell

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a defendant satisfies its burden as to the first Craddock element when its factual assertions, if true, negate intentional or consciously indifferent conduct by the defendant and the factual assertions are not contradicted by the plaintiff
• stating that default judgment must be set aside if defendant proves three elements of Craddock test
• noting that trial court is required to set aside default judgment if defendant establishes Craddock elements
• concluding that failure to answer was neither intentional nor consciously indifferent because of appellant’s uncontroverted claim that the citation was left in a stack of papers on a desk and forgotten about due to limited time spent at the office because of weather conditions
• forgetting about suit because of weather and holidays sufficient excuse to negate intentional or consciously indifferent conduct
• explaining that while lack of proper service constitutes error on the face of the record in the context of restricted appeals, a different analysis—the Craddock test—applies on appeal when considering a default judgment that has been attacked by equitable motion for new trial

Source: CourtListener parenthetical corpus (CC0).