Patricia McMichael and Lynette McMichael, v.

Summary

The court discharged the rule to show cause after concluding that the trial court acted within its discretion by vacating the default judgment and allowing the case to proceed on the merits. The thirteen-day delay resulted from excusable neglect, the delay caused no material prejudice, and Encompass presented a potentially meritorious defense. The court also held that Encompass timely preserved its venue objection and that venue belonged in Arapahoe County because an LLC's residence is determined by the LLC's own residence rather than the residences of its members.