Gower v. Knight (In re Knight)
Opinion of the Court
The appellant, William Noah Knight, appeals the entry of a default judgment against him in this bankruptcy case. We affirm.
Knight filed a petition in bankruptcy. On January 16, 1986, the Trustee filed a
On appeal, we review the district court’s decision to reverse the setting aside of the default judgment. Griffin v. Swim-Tech Corp., 722 F.2d 677 (11th Cir. 1984); Moldwood Corp. v. Stutts, 410 F.2d 351 (5th Cir. 1969). Where a party offers no good reason for the late filing of its answer, entry of default judgment against that party is appropriate. McGrady v. D'Andrea Electric, Inc., 434 F.2d 1000, 1001 (5th Cir. 1970). Likewise, the setting aside of a default judgment where no good reason has been offered for the default constitutes an abuse of discretion. In explaining the default, Knight’s lawyer, stated: “The reason for default is basically my own responsibility and I will say that I very foolishly relied on the elements of professional courtesy in this case.... ” Knight’s lawyer also characterized his failure to file a timely answer as an “oversight.” At no time did the lawyer attempt to show excusable neglect. Despite the lawyer’s reference to his “foolish reliance on the elements of professional courtesy,” he has not alleged any misconduct by the adverse party which led to the late filing. We agree with the district court that the interests of justice will be better served by enforcing the rule of procedure than by allowing this case to proceed on the merits.
AFFIRMED.
Reference
- Full Case Name
- In re William Noah KNIGHT, Sr., a/k/a W.N. Wright, a/k/a Bill Knight a/k/a Noah Knight, Debtor. Charles A. GOWER, as Trustee v. William Noah KNIGHT, Sr.
- Cited By
- 3 cases
- Status
- Published