A pro se defendant who moved unsuccessfully to dismiss a lawsuit but never filed an answer should not have been judged in default, a New Jersey appeals court held Monday in a case of first impression.
Public policy generally favors adjudication on the merits, and the state court rules don’t specifically allow for an entry of a default judgment when a defendant has participated in some manner, the Appellate Division held in Midland Funding v. Albern.
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