Donald Berge v. Mary Gail Adams Warlick

Syllabus

In this legal malpractice lawsuit, the trial court granted summary judgment for the defendant after the plaintiffs' counsel failed to respond to the defendant's motion and appear at the hearing. Thereafter, the plaintiffs filed a motion to set aside the judgment, arguing their attorney's failure to respond was due to excusable neglect. The trial court denied the motion, and this appeal followed. We affirm the trial court's denial of the plaintiffs' motion to set aside because the plaintiffs failed to demonstrate that they had a meritorious defense.