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DecisionsVacatur of default denied

June 29, 2020

The case is Matter of Jayden J. (Florence J.) and the appellate division, ruling on a case that terminated the mother’s parental rights, upheld the denial of the mother’s application to vacate her default. Default – that is to say that the mother was not present and the court made the ruling in her absence.

In order to try to vacate a default judgment, you must show a reasonable excuse and a meritorious defense to the action. In this case, the mother stated that she was ill on two occasions but didn’t seek medical assistance and didn’t even tell her lawyer on the first date before she left the courthouse. The appellate division concluded that she did not show a reasonable excuse and therefore her application was correctly denied and that the court needn’t even consider whether or not she had a meritorious defense to the action.

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About the author:

Founder and Principal Attorney at the Law Office of Bryan Greenberg LLC, Middlesex County, NJ. With an unwavering commitment to guiding individuals through the complex and emotional landscape of divorce and family law matters, Bryan stands as the founding attorney of Law Office of Bryan Greenberg. Backed by years of legal expertise and a deep understanding of Middlesex County's legal landscape, Bryan is dedicated to offering compassionate yet pragmatic solutions to every client's unique situation. Through insightful blog posts, Bryan shares valuable insights, tips, and advice on navigating the challenges of divorce and family law, helping individuals make informed decisions during these critical life transitions. For comprehensive legal guidance and empathetic support, turn to Bryan Greenberg and the team at the Law Office of Bryan Greenberg.

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