defendant has a meritorious defense (Wyoming) · Go Syfert
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defendant has a meritorious defense in Wyoming

12 Wyoming opinions name it 1 courts 1992–2026 3 in the last five years

The cases below were cited by Wyoming courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Amernational Industries, Inc. v. Action-Tungsram, Inc., Electroexportimportgreen
ca6 · 1991 · cited in 7 Wyoming opinions naming this issue, 1992–1997
2 sentences

1997Whether culpable conduct of the defendant led to the default.” Carlson, 836 P.2d at 301 -02 (quoting Amernational Industries, Inc. v. Action-Tungsram, Inc., 925 F.2d 970, 976 (6th Cir.), cert. denied, 501 U.S. 1233 , 111 S.Ct. 2857 , 115 L.Ed.2d 1024 (1991)).

1997Whether culpable conduct of the defendant led to the default.’ ” Carlson [v. Carlson], 836 P.2d [297], 301-02 [ (Wyo.1992) ] (quoting Amernational Indus., Inc. v. Action-Tungsram, Inc., 925 F.2d 970, 976 (6th Cir.1991)). 847 P.2d at 998 .

77
M & a Construction Corp. v. Akzo Nobel Coatings, Inc.green
wyo · 1997 · cited in 3 Wyoming opinions naming this issue, 2014–2026
2 sentences

2026See M & A Const. Corp., 936 P.2d at 454–55 (citing First Southwestern Financial Services, 882 P.2d at 1215 ; Vanasse, 847 P.2d at 998 ). [¶25] As noted above, Mr. Moran offered nothing related to these three factors.

2014The three factors that this Court has held are relevant to this determination are: (1) whether the plaintiff will be prejudiced; (2) whether the defendant has a meritorious defense; and (8) whether culpable conduct of the defendant led to the default M & A Const. Corp. v. Akzo Nobel Coatings, Inc., 936 P.2d 451, 454-55 (Wyo.1997). [¶14] Likewise, W.R.C.P. 60(b) provides the procedure for setting aside a default judgment, in pertinent part: (b) Other reasons.-On motion, and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order,

23
Vanasse v. Ramsaygreen
wyo · 1993 · cited in 4 Wyoming opinions naming this issue, 1994–2026
2 sentences

2026See M & A Const. Corp., 936 P.2d at 454–55 (citing First Southwestern Financial Services, 882 P.2d at 1215 ; Vanasse, 847 P.2d at 998 ). [¶25] As noted above, Mr. Moran offered nothing related to these three factors.

1997Whether culpable conduct of the defendant led to the default.’ ” Carlson [v. Carlson], 836 P.2d [297], 301-02 [ (Wyo.1992) ] (quoting Amernational Indus., Inc. v. Action-Tungsram, Inc., 925 F.2d 970, 976 (6th Cir.1991)). 847 P.2d at 998 .

14
Carlson v. Carlsongreen
wyo · 1992 · cited in 3 Wyoming opinions naming this issue, 1993–1997
2 sentences

1997Whether culpable conduct of the defendant led to the default.” Carlson, 836 P.2d at 301 -02 (quoting Amernational Industries, Inc. v. Action-Tungsram, Inc., 925 F.2d 970, 976 (6th Cir.), cert. denied, 501 U.S. 1233 , 111 S.Ct. 2857 , 115 L.Ed.2d 1024 (1991)).

1994Vanasse , at 998; see also Carlson v. Carlson, 836 P.2d 297, 301-02 (Wyo.1992); Amer national Indus., Inc. v. Action-Tungsram, Inc., 925 F.2d 970, 976 (6th Cir.1991).

13
Hurd v. State (In re EMM)green
wyo · 2018 · cited in 2 Wyoming opinions naming this issue, 2021–2022
2 sentences

2022W.R.C.P. 55(c) states: “The court may set aside an entry of default for good cause, and it may set aside a final default judgment under Rule 60(b).” When determining whether to set aside an entry of default, the district court considers three factors: “(1) whether the plaintiff will be prejudiced; (2) whether the defendant has a meritorious defense; and (3) whether the culpable conduct of the defendant led to the default.” In re EMM at ¶ 11, 414 P.3d at 1160 (quoting In re HLL, ¶ 36, 372 P.3d at 192 ).

2021Brush v. Davis, 2013 WY 161, ¶ 21 , 315 P.3d 648, 654 (Wyo. 2013). [¶19] “In exercising its discretion, a trial court must consider three factors when resolving a motion to set aside the entry of default: (1) whether the plaintiff will be prejudiced; (2) whether the defendant has a meritorious defense; and (3) whether culpable conduct of the defendant led to the default.” EMM, ¶ 11, 414 P.3d at 1160 (internal quotation marks omitted) (citing HLL, ¶ 36, 372 P.3d at 192 ). “[N]o single factor is dispositive of the issue, and the ultimate determination . . . is made by weighing or balancing the c

12
First Southwestern Financial Services v. Lairdgreen
wyo · 1994 · cited in 1 Wyoming opinions naming this issue, 2026–2026
1 sentence

2026See M & A Const. Corp., 936 P.2d at 454–55 (citing First Southwestern Financial Services, 882 P.2d at 1215 ; Vanasse, 847 P.2d at 998 ). [¶25] As noted above, Mr. Moran offered nothing related to these three factors.

11
Kelly Suzanne Brush, F/K/A Kelly Suzanne Davis v. Roger Ryan Davisgreen
wyo · 2013 · cited in 1 Wyoming opinions naming this issue, 2021–2021
2 sentences

2021Brush v. Davis, 2013 WY 161, ¶ 21 , 315 P.3d 648, 654 (Wyo. 2013). [¶19] “In exercising its discretion, a trial court must consider three factors when resolving a motion to set aside the entry of default: (1) whether the plaintiff will be prejudiced; (2) whether the defendant has a meritorious defense; and (3) whether culpable conduct of the defendant led to the default.” EMM, ¶ 11, 414 P.3d at 1160 (internal quotation marks omitted) (citing HLL, ¶ 36, 372 P.3d at 192 ). “[N]o single factor is dispositive of the issue, and the ultimate determination . . . is made by weighing or balancing the c

2021Brush v. Davis, 2013 WY 161, ¶ 21 , 315 P.3d 648, 654 (Wyo. 2013). [¶19] “In exercising its discretion, a trial court must consider three factors when resolving a motion to set aside the entry of default: (1) whether the plaintiff will be prejudiced; (2) whether the defendant has a meritorious defense; and (3) whether culpable conduct of the defendant led to the default.” EMM, ¶ 11, 414 P.3d at 1160 (internal quotation marks omitted) (citing HLL, ¶ 36, 372 P.3d at 192 ). “[N]o single factor is dispositive of the issue, and the ultimate determination . . . is made by weighing or balancing the c

11
Chevron U.S.A., Inc. v. Department of Revenuegreen
wyo · 2007 · cited in 1 Wyoming opinions naming this issue, 2014–2014
2 sentences

2014"Exeusable neglect is measured on a strict standard to take care of genuine emergency conditions, such as death, sickness, undue delay in the mails, ... and other situations where such behavior might be the act of a reasonably prudent person under the cireumstances." Crossan v. Irrigation Development Corp., 598 P.2d 812, 813 (Wyo.1979) (quoted in Chevron U.S.A., Inc., v. Department of Revenue, 2007 WY 62, ¶9 , 155 P.3d 1041, 1043 (Wyo.2007)). [T15] Whether it be due to excusable neglect, good cause, or otherwise, this Court has consistently applied strict standards in both affirming and revers

2014"Exeusable neglect is measured on a strict standard to take care of genuine emergency conditions, such as death, sickness, undue delay in the mails, ... and other situations where such behavior might be the act of a reasonably prudent person under the cireumstances." Crossan v. Irrigation Development Corp., 598 P.2d 812, 813 (Wyo.1979) (quoted in Chevron U.S.A., Inc., v. Department of Revenue, 2007 WY 62, ¶9 , 155 P.3d 1041, 1043 (Wyo.2007)). [T15] Whether it be due to excusable neglect, good cause, or otherwise, this Court has consistently applied strict standards in both affirming and revers

11
Crossan v. Irrigation Development Corp.green
wyo · 1979 · cited in 1 Wyoming opinions naming this issue, 2014–2014
1 sentence

2014"Exeusable neglect is measured on a strict standard to take care of genuine emergency conditions, such as death, sickness, undue delay in the mails, ... and other situations where such behavior might be the act of a reasonably prudent person under the cireumstances." Crossan v. Irrigation Development Corp., 598 P.2d 812, 813 (Wyo.1979) (quoted in Chevron U.S.A., Inc., v. Department of Revenue, 2007 WY 62, ¶9 , 155 P.3d 1041, 1043 (Wyo.2007)). [T15] Whether it be due to excusable neglect, good cause, or otherwise, this Court has consistently applied strict standards in both affirming and revers

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Wyoming. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
In the Matter of the Termination of Parental Rights To HLL and KGS, Minor Children: CLB v. State of Wyoming, Department of Family Services green
wyo · 2016
2 sentences

2022W.R.C.P. 55(c) states: “The court may set aside an entry of default for good cause, and it may set aside a final default judgment under Rule 60(b).” When determining whether to set aside an entry of default, the district court considers three factors: “(1) whether the plaintiff will be prejudiced; (2) whether the defendant has a meritorious defense; and (3) whether the culpable conduct of the defendant led to the default.” In re EMM at ¶ 11, 414 P.3d at 1160 (quoting In re HLL, ¶ 36, 372 P.3d at 192 ).

2021Brush v. Davis, 2013 WY 161, ¶ 21 , 315 P.3d 648, 654 (Wyo. 2013). [¶19] “In exercising its discretion, a trial court must consider three factors when resolving a motion to set aside the entry of default: (1) whether the plaintiff will be prejudiced; (2) whether the defendant has a meritorious defense; and (3) whether culpable conduct of the defendant led to the default.” EMM, ¶ 11, 414 P.3d at 1160 (internal quotation marks omitted) (citing HLL, ¶ 36, 372 P.3d at 192 ). “[N]o single factor is dispositive of the issue, and the ultimate determination . . . is made by weighing or balancing the c

22021–2022
Iowa District Court v. Iowa green
scotus · 1991
1 sentence

1997Whether culpable conduct of the defendant led to the default.” Carlson, 836 P.2d at 301 -02 (quoting Amernational Industries, Inc. v. Action-Tungsram, Inc., 925 F.2d 970, 976 (6th Cir.), cert. denied, 501 U.S. 1233 , 111 S.Ct. 2857 , 115 L.Ed.2d 1024 (1991)).

11997–1997
Darboven v. Nickolopoulos green
scotus · 1991
1 sentence

1997Whether culpable conduct of the defendant led to the default.” Carlson, 836 P.2d at 301 -02 (quoting Amernational Industries, Inc. v. Action-Tungsram, Inc., 925 F.2d 970, 976 (6th Cir.), cert. denied, 501 U.S. 1233 , 111 S.Ct. 2857 , 115 L.Ed.2d 1024 (1991)).

11997–1997
Amernational Industries, Inc. v. Electroexportimport green
scotus · 1991
1 sentence

1997Whether culpable conduct of the defendant led to the default.” Carlson, 836 P.2d at 301 -02 (quoting Amernational Industries, Inc. v. Action-Tungsram, Inc., 925 F.2d 970, 976 (6th Cir.), cert. denied, 501 U.S. 1233 , 111 S.Ct. 2857 , 115 L.Ed.2d 1024 (1991)).

11997–1997

Where else courts name it

AL 98 (1960–2024) TX 39 (1982–2026) TN 34 (2002–2026) IL 24 (1904–2026) SC 22 (1997–2026) NC 15 (1915–2022) WY 12 (1992–2026) MI 9 (1969–2025) NY 7 (1983–2009) NJ 7 (1992–2019) FL 3 (1974–2024) VI 3 (1994–2007) VT 3 (2012–2013) CA 3 (1915–1950) NE 2 (2016–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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