Thursday, March 20, 2008
Can Excusable Neglect Defeat Dr. Doom? Only the 3DCA Can Tell
Once again continuing in its fine tradition of ruling however it wants, using whatever rationale is convenient and seems to apply at the time, the 3d DCA extends the concept of "excusable neglect" so far that even Mr. Fantastic is impressed.
You can read the head-scratching opinion here. Listen I recognize that there is a lot of wiggle room in what is essentially something that is equitable in nature, but you can just feel the animus to the rogue homeowners seeping through in the opinion.
I guess the Third wants judges to just rule on the merits, forget the whole default judgment concept once somebody finally appears and wants to litigate the case, and they also want to see a lot of appeals on this issue.