MIDLAND FUNDING LLC VS. CARL ALBERN, JR.
A-0562-12T4
In this appeal, the court considered a procedural
question: is a defendant, who, in response to a complaint,
moved for dismissal but did not file an answer after the
motion was denied, entitled to notice of a plaintiff's
request for default? Because Rule 4:43-1 does not
expressly authorize an ex parte request for default in this
unusual circumstance, and because the rules are based on a
policy favoring the disposition of cases on their merits,
the court reversed the denial of defendant's Rule 4:50
motion to vacate both the default and the default judgment
later entered. 12/23/13
A-0562-12T4
In this appeal, the court considered a procedural
question: is a defendant, who, in response to a complaint,
moved for dismissal but did not file an answer after the
motion was denied, entitled to notice of a plaintiff's
request for default? Because Rule 4:43-1 does not
expressly authorize an ex parte request for default in this
unusual circumstance, and because the rules are based on a
policy favoring the disposition of cases on their merits,
the court reversed the denial of defendant's Rule 4:50
motion to vacate both the default and the default judgment
later entered. 12/23/13
