NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v.
P.W.R., ET ALS.
A-1060-08T4 11-19-09
The trial judge in this Title 9 action defaulted a
defendant because she did not attend the factfinding hearing
even though her attorney appeared to represent her interests.
The court concluded that, unless warranted by defendant's
failure to comply with a prior order and the potential for
default was adequately noticed, a judge is not authorized to
enter a default in this circumstance. In considering the
overall circumstances, however, the court determined that the
default had no meaningful impact on the proceedings and
affirmed.
