VLA&S attorneys file a motion to vacate an $813,000 default judgment taken against our client. Because the default judgment was discovered more than six months after it was entered, VLA&S attorneys were limited to arguing extrinsic fraud/mistake as a basis for relief. In the court’s ruling, it concluded that the client’s misplaced reliance on its insurance broker was a reasonable mistake and that our motion provided:
(1) a satisfactory excuse for not presenting a defense (i.e., reliance on its broker);
(2) a meritorious defense if allowed to appear; and,
(3) diligence in bringing the motion.
As a result of the ruling, the judgment was vacated and the client was allowed to defend itself in the underlying lawsuit.