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I was sued and the plaintiff won a summary judgement against…

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I was sued and the...
I was sued and the plaintiff won a summary judgement against me. I did appeal and the judgement was vacated. However the plaintiff filed a motion to reconsider vacating entery of summary judgement and thier request was granted. They had also opposed to order of default as being moot, but their motion was denied by the court. my question is; what is a difference between summary judgement and default order? they already have a summary judgement against me so why do they need the default order. and also can I appeal the summary judgement to a higer court or I have no other choice? By the way I leave in Maryland.
Submitted: 8 years ago.Category: Legal
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Answered in 4 minutes by:
6/29/2010
Lawyer: Dave Kennett, Lawyer (JD) replied 8 years ago
Dave Kennett
Dave Kennett, Lawyer (JD)
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Satisfied Customers: 27,690
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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Dear JACUSTOMER - A default judgment is when a court grants a judgment because a defendant fails to appear or answer a lawsuit or complaint within the required amount of time. A summary judgment is issued after an answer has been filed and when there appears to be no material issue of fact. For instance, if there is a note due for a certain sum of money and the defendant owes the money and has no defense to the action then the court will say that there is no need for a trial since the defendant would lose so they issue a summary judgment.

 

A summary judgment can be appealed as a final order to a higher court. You would need to show that, in fact, there is some issue of fact that needs to be litigated. I have no way of knowing why anyone would ask for both without reading all the pleadings.

 

Dave Kennett

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Customer reply replied 8 years ago

thanks for your response.. The thing is that I did send a response to the court but not the plaintiff's attorney when I was served with the summon and a summary judgement was issued against me. I asked the court and appeared in the court then and asked the judge to vacate the judgement which he did and set a trial date. but the plaintiff appealed his ruling and the appeal court reinstated the judgement to its original. where can I now file an appeal (which court).

Lawyer: Dave Kennett, Lawyer (JD) replied 8 years ago

You can file an appeal of the summary judgment as I said above. You will need to show what issue you have as to a defense or what fact that is in dispute.

 

Dave

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