The plaintiff moved to set aside a previous order that had set aside a default judgment against one defendant, alleging fraud and misconduct by opposing counsel.
The court dismissed this motion, finding no evidence of fraud and concluding that the plaintiff's counsel deliberately chose not to participate in the earlier hearing, thus precluding relief under Rule 37.14(1).
The court also granted the plaintiff's separate motion to correct the name of the other defendant in the default judgment and writ of seizure and sale.
Costs were ordered to be borne by each party due to shared blame for the procedural issues.
