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NEW JERSEY DIV. v. P.W.R.

No. A-1060-08T4

983 A.2d 598 (2009)

410 N.J. Super. 501

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, Plaintiff-Respondent, v. P.W.R., Defendant-Appellant, and L.C. and C.R., Jr., Defendants. In the Matter of A.R., A Minor.

Superior Court of New Jersey, Appellate Division.

Decided November 19, 2009.

Attorney(s) appearing for the Case

Yvonne Smith Segars, Public Defender, attorney for appellant (Mary Potter, Designated Counsel, on the brief).

Anne Milgram, Attorney General, attorney for respondent (Andrea M. Silkowitz, Assistant Attorney General, of counsel; Eva M. Serruto, Deputy Attorney General, on the brief).

Yvonne Smith Segars, Public Defender, Law Guardian, attorney for minor (Melissa R. Vance, Assistant Deputy Public Defender, on the brief).

Before Judges AXELRAD, FISHER and ESPINOSA.

The opinion of the court was delivered by

FISHER, J.A.D.

The judge in this Title 9 action defaulted a defendant because she did not attend the factfinding hearing even though her attorney appeared to represent her interests. We conclude that, unless warranted by defendant's failure to comply with a prior order and the potential for default was adequately noticed, a judge is not authorized to enter a default in this...

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