Alan v. Stephens
Following an automobile accident on May 5, 2003, plaintiff Tami K. Alan commenced a lawsuit for personal injury and property damage against defendant Charles S. Stephens. Alan was represented by her husband, Attorney Keith Alan. Stephens was served by substituted service, but failed to answer or otherwise respond within the required deadline. On Alans request, the clerk entered Stephenss default. Approximately 14 months later, judgment was entered against Stephens in the amount of $577,461.25 after a default prove-up hearing. The trial court denied Stephenss subsequent motion to vacate the default judgment. Stephens appealed that ruling, contending the court abused its discretion in denying his requested relief. He also contends the default judgment was excessive as a matter of law.
Court reject both contentions and affirm. As to the denial of Stephenss motion to vacate the default judgment, we find the record supported the trial courts finding of Stephenss inexcusable neglect. With regard to Stephenss challenge to the judgment itself, Court find Stephenss failure to timely appeal from the default judgment constitutes a jurisdictional bar to appellate review.
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