Val-Gioia Properties, LLC v. Blamires
Annotate this CaseDefendants Earl Blamires, his wife Sylvia, and his son Brian all appealed a Superior Court decision that affirmed a trial court’s judgment in favor of Plaintiff Val-Gioia Properties, LLC. In 2004, police responded to a complaint that Defendants were dumping a considerable amount of debris onto Plaintiff’s land. Plaintiffs sought damages for clean-up costs. None of the Defendants attended the original trial date, but instead sent letters to the court and opposing counsel explaining their reasons for not attending. Plaintiffs argued that the letters were not proper answers to the suit, and subsequently Plaintiffs received a default judgment. From there, the case went back and forth between the trial and superior Courts for various technical issues and appeals all arguing the validity of the default judgment. In October, 2008, a final judgment was entered in favor of Plaintiffs. Defendants appealed. After reviewing the trial and appellate records, the Supreme Court found that Defendants indeed did serve a proper answer in the case, and that the default judgment should not have been entered. The Court vacated the original default judgment and remanded the case for further proceedings.
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