After a lengthy hearing, the court ordered the judgment lifted, explaining in the ruling Miles made sufficient showing that he lacked actual notice of the lawsuit to warrant the default. The court declared that Miles's lack of actual notice "was not caused by his avoidance of service or inexcusable neglect."
Ed White with the Thomas More Law Center represented Miles in the matter and notes the favorable outcome for Miles was possible largely because, once again, certain facts had been misrepresented by Newdow or his counsel.
White says he is pleased with the judge's ruling - a decision allowing the case against Miles to proceed to trial. The Thomas More attorney adds that he is confident the defense will be able to demonstrate to the court that Newdow's action against Miles is completely without merit.
Dear God, smash the enemies of your Kingdom and thwart their evil intentions ... dry up this man's well of polluted water.
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