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Tag Archives: Default judgment

10-2854 Philos Technologies, Inc., v. Philos & D, Inc.

Civil Procedure Default judgment; motions to vacate A party may, nearly a year after the entry of a default judgment, move to vacate the judgment on the ground that it was void for a lack of personal jurisdiction. “[T]he defendants’ letter to the district court did not constitute an appearance or submit the defendants to the district court’s jurisdiction. Although ...

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2010AP1374 Ellis v. DOA

Employment Worker’s compensation; default judgment Default judgment is unavailable to plaintiffs in worker’s compensation actions when the employer has timely answered. “[W]e first note that nowhere does the statute provide for default judgment.  Additionally, § 102.23(1)(e) expressly provides that the administrative order at issue may only be set aside for the following grounds:  (1) that the Commission acted without or ...

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2009AP3055 Mansfield v. Smith

Civil Procedure Default judgment; motions to reopen; excusable neglect Paul Smith appeals the order denying his motion to reopen the case, in which a default judgment for replevin of his vehicle had been entered. He argues that his failure to appear at the initial hearing was caused by excusable neglect and, if the case were reopened, he would prevail. We ...

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09-3625 Relational, LLC, v. Hodges

Civil Procedure Default judgment; credibility A court is not required to credit the only testimony offered. “Hodges appears to presuppose that the district court could compel Johns to appear. This is simply not the case; foreign nationals are beyond the court’s subpoena power. See 28 U.S.C. § 1783; United States v. Drogoul, 1 F.3d 1546, 1553 (11th Cir. 1993). Thus, ...

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2009AP2549 Johnson v. Cintas Corp. No. 2

Civil Procedure Default judgment; personal jurisdiction Where the plaintiff named the wrong defendant, and the trial court permitted the plaintiff to amend the complaint and then immediately entered default judgment, the judgment must be reversed. “Here, the trial court permitted Johnson to amend the pleadings to name Cintas No. 2, and then immediately granted default judgment-without affording Cintas No. 2 ...

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