Hamby v. Thomas Realty Associates

How courts have described this case

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

• holding Defendant Thomas Realty’s excuse that its general partners never received notice because of its agent’s negligence, did not rise to the level of good cause.
• moving party's assertion of facts supporting potentially meritorious defense are assumed to be true on motion to set aside default
• negligence of a defendant's agent in not delivering notice of the law suit to partners did not constitute good cause
• \[F]or purposes of the meritorious defense component the moving party's version of the facts and circumstances supporting his defense is deemed to be true.\
• no excusable neglect where summons and complaint properly served on agent of partners
• \Thomas Realty's assertion that due to the negligence of its agent the general partners never received the complaint does not rise to the level of good cause.\

Source: CourtListener parenthetical corpus (CC0).