MIDLAND FUNDING LLC v. ALBERN

DOCKET NO. A-0562-12T4

81 A.3d 689 (2013)

433 N.J. Super. 494

MIDLAND FUNDING LLC, Plaintiff-Respondent, v. Carl ALBERN, Jr., Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided December 23, 2013.


Attorney(s) appearing for the Case

Carl Albern Jr., appellant pro se.

Pressler and Pressler, L.L.P., attorneys for respondent ( Lawrence J. McDermott, Jr. , Parsippany, on the brief).

Before Judges FISHER, ESPINOSA and KOBLITZ.


The opinion of the court was delivered by FISHER, P.J.A.D.

This appeal presents a procedural question: is a defendant, who, in responding to a complaint, moved for dismissal but did not file an answer after the motion was denied, entitled to notice of a plaintiff's request for default? Because the applicable rules of procedure do not expressly authorize an ex parte request for default in this unusual circumstance, and because the rules are based on a policy favoring...

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