Q: Am I able to motion for an appeal or anything like that since it's the defendant's responsibility to show up for court?
I have a small claims case against an auto shop. The owner was served months in advance by a sheriff but didn’t show up to court. The judge informed me the defendant had hired an attorney who didn’t receive notice of the court date. Don’t I have a right to win, as the defendant was served and should’ve informed his attorney? The judge ordered mediation. Can I appeal or file for a default judgment since it was the defendant’s responsibility to show up or manage his case? The defendant did document a weak defense to where he even contradicts himself in the defense. I haven’t signed his attorneys paper saying that the judge has ruled for mediation. What can I do here?
A:
No, you cannot appeal as there is no final judgment to appeal.
You are not "entitled" to win. The judge can only grant a default judgment if it is clear that the defendant does not have any intention of defending the claim and intentionally did not show up or was "consciously indifferent" to the court date. Instead, the defendant offered a reasonably plausible excuse (i.e. his attorney did not receive the proper notice). If his attorney entered an appearance and, after that, the court mistakenly sent the notice to the defendant instead of to the attorney, it would be error for the court to enter a judgment by default against the defendant.
Attending mediation and negotiating a settlement is probably your best course of action.
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