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Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3426
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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The Court previously vacated a default order that granted

Customer Question

The Court previously vacated a default order that granted husband sole legal decision making and also dealt with parenting time. Wife then filed a motion for relief from default judgment based on insufficient service. The Court then granted the motion and vacated the default judgment. A few months later the Court dismissed, among other things, the motion for relief from default judgment and required the parties to file a new action in the case if either side desired the court to hear any thing further. However, the Court did not specifically reinstate the judgment. Does the Court have to specifically reinstate the judgment and do you have any case law to support your answer?
Submitted: 8 months ago.
Category: Family Law
Expert:  Michael J, Esq. replied 8 months ago.

Hello and thank you for contacting Justanswer. My name is Michael; I look forward to assisting you today.

I'm a little confused. You said the court granted the motion for relief which vacated the default judgment. Then, you said the court dismissed that same motion. How could the court dismiss the motion when it had already granted the motion and vacated the judgment?

Thanks,

Michael

Customer: replied 8 months ago.
The court granted the motion and vacated the judgment. After months of each side going back and forth on issues the judge dismissed a bunch of things including the motion for relief. The judge did not specifically reinstate the default judgment but is requiring the parties to file a new claim if either want relief.
Expert:  Michael J, Esq. replied 8 months ago.

Thank you.

From your limited information, it sounds as if the Judge is requiring the parties to refile on the issue of relief from the judgment. The Judge doesn't have to order a reinstatement of the judgment. If he vacated the order for relief, the default judgement would appear to be back in effect. I think this answers your question, but if I misinterpreted something, let me know.

Expert:  Michael J, Esq. replied 8 months ago.

I hope this helps.

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DISCLAIMER: This is not legal advice and I am not your lawyer. My questions are based on my knowledge of the jurisdiction where I am admitted to practice, my experience on this site over several years, and research on the relevant laws and statutes for your jurisdiction, if any. My information is not advice and you should always speak to local counsel before you act.

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