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FRANKLIN CREDIT MANAGEMENT CORPORATION v. NEFFLEN

No. 32, Sept. Term, 2013.

81 A.3d 441 (2013)

436 Md. 300

FRANKLIN CREDIT MANAGEMENT CORPORATION, v. Fred NEFFLEN.

Court of Appeals of Maryland.

December 20, 2013.

Attorney(s) appearing for the Case

Jason C. Rose (Nathaniel S. Berry and Venable LLP, Baltimore, MD), on brief, for Petitioner.

Scott C. Borison (Legg Law Firm, LLC, Frederick, MD), on brief, for Respondent.

Argued before BARBERA, C.J., HARRELL, BATTAGLIA, GREENE, ADKINS, MCDONALD and DALE R. CATHELL (Retired, Specially Assigned), JJ.

BATTAGLIA, J.

In this case we initially are asked to consider whether a defendant who fails to respond to a complaint and against whom an order of default is entered and fails to move to vacate the order of default, after which judgment of default is entered may, thereafter, contest liability either by moving, under Maryland Rule 2-534 to alter or amend a judgment or directly on appeal.1

The dispute before the Court arises out...

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