The defendants were wholly successful in their motion to set aside a default judgment that was entered against them due to the negligence and suspension of their former counsel.
The defendants sought their costs of the motion, while the plaintiffs argued they should be awarded costs thrown away for obtaining the default judgment.
The court found that the plaintiffs should have consented to setting aside the default judgment and that the motion could have been avoided with cooperation among counsel.
The court awarded the defendants their costs on a partial indemnity basis in the amount of $24,288.65.
