Parsons v. Consolidated Gas Supply Corp
In Parsons v. Consolidated Gas Supply Corp., 163 W. Va. 464, 256 S.E.2d 758 (1979), the Court explained that the factors to be considered in determining whether a judgment by default should be vacated are:
"(1) The degree of prejudice suffered by the plaintiff from the delay in answering;
(2) the presence of material issues of fact and meritorious defenses;
(3) the significance of the interests at stake;
(4) the degree of intransigence on the part of the defaulting party." syl. pt. 3, in part. Additionally, under Parsons "there is the necessity to show some excusable or unavoidable cause to explain the delay in answering." Parsons, 163 W. Va. at 471, 256 S.E.2d at 762.