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Winslett v. Guthrie

The defendant was not entitled to have a default judgment set aside outside the term of court in which it was entered based on the plaintiff's failure to provide her with a copy of the judgment as the trial court ordered.

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This discretionary appeal concerns Bonnie Winslett’s attempt to have a default judgment against her either set aside or vacated after the end of the term of court in which the trial court entered the judgment. There is no dispute that the plaintiff, Terry Guthrie, served Winslett with the complaint or that Winslett failed to file any defensive pleadings before the default judgment was entered. Winslett, however, argues that the default judgment is fundamentally unfair and must be set aside or vacated for two main reasons—because she was mentally incompetent and because she was not notified of the entry of the default judgment. But as detailed below, the trial court found that Winslett was not mentally incompetent, and there was evidence to support that finding. And Winslett’s various arguments pertaining to her failure to receive notice do not demonstrate a ground for either setting aside or vacating a judgment outside the term of court in which it was entered. Accordingly, we affirm.

1. Facts and procedural history.

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