STATE COURT CASES
04-2-0037 Kleeblatt, Galler, Abramson, L.L.C. v. Feuer, App. Div. (per curiam) (5 pp.) Plaintiff filed a complaint against defendant for nonpayment of attorneys’ fees and costs incurred with its representation of defendant in a criminal matter. Defendant appeals from the Dec. 5, 2008, default judgment and from the Sept. 3, 2009, Law Division order denying his motion to vacate the judgment. The appellate panel concludes that the trial judge incorrectly denied defendant’s motion based on his failure to file an appeal and on Rule 4:50-1(a), which requires proof of excusable neglect and a meritorious defense. Nonetheless, the panel affirms the denial of defendant’s motion because defendant presented no evidence to rebut the presumption that he was personally served with the summons and complaint. Also, defendant’s appeal is untimely.
