LAFRANCE ARCHITECT v. POINT FIVE DEV.

No. 12-203.

91 A.3d 364 (2013)

2013 VT 115

LaFRANCE ARCHITECT d/b/a Lake Architectural, LLC v. POINT FIVE DEVELOPMENT SOUTH BURLINGTON, LLC.

Supreme Court of Vermont.

Motion for Reargument Denied January 23, 2014.


Attorney(s) appearing for the Case

Christina A. Jensen of Lisman Leckerling, P.C., Burlington, for Plaintiff-Appellee.

Thomas C. Nuovo and Nicole A. Killoran of Bauer, Gravel, Farnham, Burlington, for Defendant-Appellant.

Present: REIBER, C.J., SKOGLUND, BURGESS and ROBINSON, JJ., and BENT, Supr. J., Specially Assigned.


REIBER, C.J.

¶ 1. Defendant appeals the trial court's refusal to vacate a default judgment against defendant. We hold that the trial court improperly declined to consider the strength of defendant's proffered defenses to the underlying action in reviewing defendant's motion to vacate the default judgment, but that defendant's Rule 60(b) motion did not establish a prima facie case to support a meritorious defense. We therefore affirm the trial court.

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