The moving defendant sought to set aside an undefended trial judgment in a malicious prosecution action under Rule 52.01(3), asserting inadvertence, a viable defence, and lack of prejudice.
The court held that the defendant had actual or effective notice of the trial through repeated mailings and personal service, and that he deliberately chose not to open or respond to documents from opposing counsel.
The court rejected late-filed evidence intended to undermine personal service and gave little weight to a physician's note tendered to explain the defendant's psychological state.
Finding deliberate non-attendance, uncompensable prejudice, and an abuse of process, the court declined to exercise its discretion to set aside the judgment.
