Dumoff v. Spencer

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that four-month delay is not prompt
• prejudice is not a separate element examined by the courts if a petitioner did not establish all three requirements of the test to open the default judgment
• petition to open default judgment may be granted only when it is promptly filed; trial court properly denied petition to open when party waited eleven months to file petition to open default
• “after reviewing applicable case law regarding the untimely filing of a petition to open judgment, we find that prejudice is not a separate element examined by the courts when [defendant] did not establish all three requirements of the test to open the default judgment”
• finding a four-month delay was untimely

Source: CourtListener parenthetical corpus (CC0).