Default Judgment

Defendant appealed a decision of the Municipal Court denying her motion to vacate the default judgment on the charged violations of R.I.G.L. § 31-10-32, “Notice of change of address or name,” and § 31-15-12, “Interval between vehicles.”  Defendant argued that the hearing judge’s decision to deny her motions to vacate the default judgments against her was an abuse of discretion.  Specifically, the Defendant argued that the hearing judge should have given credit to her explanation that she did in fact arrive at the courthouse for both hearings, but did not enter the courtroom for her hearings because on both occasions her attorney failed to appear due to an illness.  On both occasions, the Defendant claims her attorney instructed her to leave the courthouse.  The Panel pointed to the wide discretion a judge enjoys in determining whether to vacate a default judgment.  The Panel noted that the hearing judge did not find the Defendant’s excuse to be legally adequate because she made no attempt to go into the courtroom and inform the judge of her situation and did not otherwise present evidence to meet the standard that she missed the hearing for reasons beyond her control.  Accordingly, the Panel sustained the charged violations.

City of Providence v. July Enel, C.A. No. M12-0023 (January 30, 2013).pdf