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Jones was afforded due process. Due process requires you to participate in the _process_, which he refused to do repeatedly, for years. He can appeal, but the
by ncallaway 4y ago
Jones was afforded due process. Due process requires you to participate in the _process_, which he refused to do repeatedly, for years.
He can appeal, but the authority for a trial court to issue a default judgement is not new precedent but rather well established. It’s quite _rare_, but it’s happened before.
- sophacles 4y agoI see now. Thanks
- kolanos 4y ago> He can appeal, but the authority for a trial court to issue a default judgement is not new precedent but rather well established. It’s quite _rare_, but it’s happened before. It should be noted that default judgments rarely stick when appealed.
- ncallaway 4y agoIt should? I went looking for appellate statistics for default judgements in Texas and couldn’t find anything. Do you have a source for the rate of successful appeals against default judgements in Texas (or even more broadly) I’m just not able to find anything on the topic one way or another. Edit to add: Also, are you referring to a Motion to Set Aside made to the original judge, or an appeal made to an appellate court? My understanding is most judges will grant a timely motion to set aside if the default judgement was granted for not showing up because you were unaware of the court proceeding or had extenuating circumstances. This default judgement was granted for misbehavior and refusing to engage with the process over years, so I’d want to look at statistics on successful appeals of a default judgement, and not statistics on successful motions to set aside. Though, again, after a bit of searching I could find neither.