Default Judgment

Defendant appealed a decision by a Trial Judge of the Providence Municipal Court sustaining a charged violation of R.I.G.L. 1956 § 31-20-9 (Obedience to stop signs). After being cited for the aforementioned violation, Defendant did not appear for his arraignment. As a result, the Trial Judge entered a default judgment. Defendant filed a Motion to Vacate said default judgment, but then failed to appear for the hearing on his Motion to Vacate. Defendant argued that he failed to appear to the hearing on his Motion to Vacate because he believed the hearing was at 9:00AM, not 8:00AM when it was heard. After reviewing the record, the Appeals Panel found no basis for finding that the Trial Judge erred either in entering a default judgment or in denying Defendant’s Motion to Vacate. Accordingly, the Appeals Panel affirmed the Trial Judge’s decision and denied Defendant’s appeal.

City of Providence v. Tariq Mahmoud, M17-0022 (May 8, 2018).pdf