Lopez v. Lopez

How courts have described this case

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

• holding that requiring claimant to show meritorious defense, where he had no notice of original trial, violated due process
• holding that Peralta eliminated the second requirement as a matter of constitutional law in notice cases
• holding that party who did not receive notice of trial setting and therefore failed to appear need not prove a meritorious defense to obtain new trial
• holding that party who did not receive notice of trial setting and therefore failed to appear need not prove a meritorious defense to obtain new trial
• stating that a meritorious defense is not required if there is no actual or constructive notice
• noting that, based on Peralta, 458 U.S. at 84–85, due process requires “actual or constructive notice of the trial setting”

Source: CourtListener parenthetical corpus (CC0).