Douglas Arbuckle v. Walter Smith

Summary

The West Virginia Supreme Court of Appeals affirmed the denial of Douglas Arbuckle’s Rule 60(b) motion to set aside a default judgment in a legal malpractice action. The court held that Arbuckle failed to demonstrate excusable neglect or good cause, emphasizing his repeated discovery violations, failure to appear, and intransigent conduct.

Holdings

1. The circuit court did not abuse its discretion in denying Arbuckle's motion to set aside the default judgment because he failed to show good cause.
2. Arbuckle failed to demonstrate excusable neglect for failing to respond fully to discovery and failing to appear at the hearings and trial.
3. The legal-malpractice action was not barred by the applicable statute of limitations.
4. Arbuckle failed to show that Smith's amended complaint was frivolous under Rule 11.

Questions Presented

1. Whether the circuit court abused its discretion by denying Arbuckle's Rule 60(b) motion to set aside the default judgment.
2. Whether Arbuckle established good cause under Rule 55(c) and Rule 60(b), including excusable neglect, to obtain relief from the default judgment.
3. Whether Arbuckle demonstrated a meritorious defense, including a statute-of-limitations defense, to Smith's legal-malpractice claim.

Disposition

affirmed