West Virginia Supreme Court
Tudor's Biscuit World of America, Below v. Della M. Critchley, Below
June 13, 2012229 W. Va. 396
Summary
The court held that the circuit court improperly measured the reasonable-time period for challenging the default judgment from Tudor’s earlier notice of the entry of default rather than from entry of the default judgment itself. Because Tudor’s moved for relief less than two weeks after learning of the judgment, its motion was timely, and the circuit court also abused its discretion by improperly weighing the equitable factors governing relief from default judgment. The court reversed and remanded with instructions to set aside the default judgment.