· 2/27/2012
US Bank National Ass'n v. Guillaume
Citations
- 38 A.3d 570
- 209 N.J. 449
- 2012 WL 603307
- 2012 N.J. LEXIS 162
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that a party seeking to vacate a default judgment under Rule 4:50-1(a) must show both excusable neglect and a meritorious defense
- stating that a meritorious defense must be demonstrated under Rule 4:50- 1(a), but that only exceptional circumstances must be proved under Rule 4:50-1(f)
- stating that a defendant seeking to vacate a default judgment must show a meritorious defense
- holding appellate courts review a trial court's decision on a motion to vacate a default judgment under Rule 4:50-1 for abuse of discretion
- holding a trial judge's determination under Rule 4:50-1 will not be disturbed absent a \clear abuse of discretion\
- stating that dismissal for lack of standing, rather than allowing plaintiff to cure, may be inappropriate where defendants delayed in raising the issue
Source: CourtListener parenthetical corpus (CC0).
Judges: Patterson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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