I am pleased to announce that I have another appellate court victory. This time in an unreported case where I was hired only after the homeowner had already had judgment granted against him by the trial court.
Here is a link to the slip opinion: BAC vs Graybill
The pro se defendants had a default judgment entered against them for their failure to attend a Pre-Trial Conference. They said that they did not have notice that the hearing had been set, but the trial court disagreed. They hired me after they were served with a Notice of Sheriff’s Sale. I filed a petition to vacate which the trial court denied, but we won a reversal on appeal. The opinion contains a good discussion of when the refusal to vacate a default judgment is an abuse of discretion.