MARILYN HUDSON, APPELLANT, v. DAVID SHAPIRO, APPELLEE., 917 A.2d 77

Summary

The trial court entered what the appellate court interpreted to be a default judgment under D.C. Super. Ct. R. Civ. P. 55 because of the client's failure to attend mediation sessions. The client's primary argument on appeal was that the default judgment entered against her and in favor of the attorney was void under D.C. Super. Ct. R. Civ. P. 60(b)(4) because of procedural defects; that is, the trial court's own procedures for entry of default and judgment were not followed, and her counsel at the time submitted an affidavit attesting that he had never received the notice of ex parte hearing. On appeal, the court found that it was possible that the default judgment was void because of a violation of due process resulting from the failure to provide the requisite written notice of application for a default judgment under D.C. Super. Ct. R. Civ. P. 55, and perhaps because of a failure to provide actual notice to the client concerning the ex parte damages hearing. Consequently, the trial ...