United States Eighth Circuit

In an action arising from an agreement to purchase a company in which sellers claimed fraud in the inducement, conversion, and breach of contract, denial of defendant's motion to set aside a judgment entered against him is affirmed in part and reversed in part where, given the lack of prejudice to plaintiffs from defendant-s eight-day delay in responding to the motion for summary judgment and the absence of intentional delay or bad faith by him, the district court should have granted relief from a portion of the judgment rescinding the stock purchase agreement, notwithstanding the inadequate explanation for his untimely response.

Appellate Information

• Decided 12/29/2006
• Published 12/29/2006

Judges

• COLLOTON, Circuit Judge., Before RILEY and COLLOTON, Circuit Judges, and KYLE, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellees:
  
• Joe D. Byars, Jr., Fort Smith, AR, for Plaintiffs/Appellees., Daniel Richard Carter, James & Carter, Little Rock, AR, for Defendant/Appellant.