Sunday, December 17, 2023

Superior Court Affirms Trial Court's Denial of Defendant's Petition to Open a Default Judgment

In the case of Jacks Auto Parts Sales, Inc. v. MJ Auto Body and Repair, LLC, No. 1946 EDA 2022 (Pa. Super. Oct. 30, 2023 Olson, J., Nichols, J., and McLaughlin, J.) (Op. by Nichols, J.), the Pennsylvania Superior Court affirmed a trial court’s Order denying a Defendant’s Petition to Open a Default Judgment.

The Pennsylvania Superior Court ruled that the trial court had properly denied the Motion to Open a Default Judgment where the moving party failed to show evidence establishing that the person who accepted service of process at the moving party’s place business was not an employee or agent authorized to accept service.

The court further found that the Defendants had failed to present evidence showing that opening the default judgment was equitably justified. More specifically, the court noted that there was no evidence provided regarding what happened to the alleged service of process documentation after it was received at the Defendant’s place of business. 

Accordingly, the court ruled that the trial court did not abuse its discretion in declining an open default judgment due to the Defendants’ untimeliness in filing their Motion to Open the Default Judgment.

Anyone wishing to review a copy of this decision may click this LINK.

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Nov. 21, 2023).

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