McInerney & Dillon, P.C. v. Hermann CA4/3
In June 2009, appellant McInerney & Dillon (McInerney), obtained a default money judgment for $841,747.15 against respondent Wendy Alter Hermann, and a declaration that it had a lien on any and all proceeds Hermann obtained from three matters. Seven years later, the trial court summarily granted Hermann’s motion to set aside and vacate the default judgment. McInerney contends no legal basis supports the trial court’s order. For the reasons stated below, we conclude the court properly exercised its discretion in determining the lien was void and unenforceable, but erred in vacating the money judgment, which was not void on its face and equitable relief was not justified due to Hermann’s lack of due diligence. Accordingly, we affirm in part, reverse in part, and remand the matter for further proceedings.
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