In re De Rosa

How courts have described this case

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

• informal contact between parties constitutes appearance when defendant shows “clear purpose to defend the suit”
• informal communications can be sufficient but not when defendant had actual notice a delay would result in a default
• “In limited situations, informal contacts between the parties have sufficed when the party in default has thereby demonstrated a clear purpose to defend the suit.”
• letter to plaintiff responding to allegations in complaint is not appearance
• “The appearance [needed to bring an 11 action for default judgment] need not necessarily be a formal one, i.e., one involving a 12 submission or presentation to the court.”
• “The failure to provide 55(b)(2) notice . . . is a serious procedural irregularity that usually justifies setting aside a default judgment or reversing for the failure to do so.”

Source: CourtListener parenthetical corpus (CC0).