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Migmar Inc. v. Williams

No evidence supported the defendant's contention that a motion for summary judgment was pending, with the trial court entered default judgment against it in the plaintiff's suit to recover money she allegedly loaned to defendant.

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Monica Williams sued Migmar, Inc. “Migmar”, and a default judgment was entered against Migmar when it failed to appear for trial. Migmar appeals, arguing that the trial court erred in granting a default judgment when: 1 there was a motion pending in the case; 2 it was not properly notified of the trial calendar; and 3 Williams cannot prevail on the merits. For reasons that follow, we affirm. Unquestionably a trial court may enter a default judgment against a party that does not appear for trial.1 We review a trial court’s denial of a motion to open a default judgment for abuse of discretion.2

Williams sued Migmar to recover money she allegedly loaned the corporation. Migmar answered, denying that it owed Williams any money, and filed a motion for summary judgment and a motion for sanctions for frivolous litigation. After a hearing in March 2003, the trial court denied Migmar’s motions for summary judgment and for sanctions as premature, “granting leave to Migmar to re-submit these motions at the appropriate time.” There is no indication in the record that either motion was re-filed.

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