First Community Bank v. Hubbell Power Systems, Inc.

How courts have described this case

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

• explaining that, because a Rule 74.05(d) motion is an independent action, the circuit court correctly concluded the \allegations of error relating to that underlying [default] judgment are moot unless the default is set aside\
• explaining that, because a Rule 74.05(d) motion is an independent action, the circuit court correctly concluded the \allegations of error relating to that underlying [default] judgment are moot unless the default is set aside\
• indicating a licensed attorney familiar with litigation practice knew or should have known of the risk of the possibility of a default judgment if a timely responsive pleading was not filed
• “[A] mistake by upper-level management employees, or by individual defendants, is more likely to be presumed reckless or intentional.”
• internal citations 6 It is undisputed that JCI timely filed its motion to set aside the default judgment. 7 Though this requirement is not expressed in Rule 74.05(d
• in-house attorney familiar with litigation practice knew or should have known of the risk of the possibility of a default judgment if a timely responsive pleading was not filed

Source: CourtListener parenthetical corpus (CC0).