Default Judgment

Defendant appealed a decision of the Appeals Panel sustaining a denial of a motion to vacate a default judgment. Defendant had been told that the charge against him would be dismissed if he performed eight hours of community service. He contended that he brought proof of his community service to the clerk in advance of the trial date but the clerk refused to accept it. Out of frustration, he then elected not to appear and was defaulted. He filed a Motion to Vacate the default judgment, which was denied, as was his appeal of that denial by the Appeals Panel. The District Court held that the Appeals Panel did not erroneously affirm the denial of the motion to vacate because Defendant admitted that he intentionally did not attend his trial. Accordingly, the District Court affirmed the Appeals Panel’s decision.

Emanuel Joia v State of Rhode Island, A.A. No. 18-118 (May 29, 2019).pdf