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McElroy v. Eagle Star Group1/25/2005
characterizes as merely "the negligent mishandling of paperwork." Rather, they could reasonably have been considered a continuing course or pattern of conduct "lacking in caution" and "deliberately courting danger" in the futile and unwarranted hope or expectation that Stone Oak's purported insurance carrier would somehow "take care of" McElroy's lawsuit. In short, the facts clearly show that the default judgment was the product of Eagle Star's recklessness -- that is, its "conscious choice of a course of action with knowledge of the serious danger that a default judgment could result," Marriage of Williams , 847 S.W.2d at 902, or its intentional indifference to the judicial process. "When a litigant chooses to ignore or act in reckless disregard of the rules and procedures set out for the orderly administration of the judicial process, he cannot then be heard to complain when he receives no relief under its rules, particularly Rule 74.05(d)." Stradford , 972 S.W.2d at 486. Point denied.
The trial court's final order and judgment overruling Eagle Star's motion to set aside the default judgment under Rule 74.05(d) is affirmed.
All concur.
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