Can I appeal judgment of default for having answer stricken w/ FTA when I was present but late and gave my name to bailiff ?
2 attorney answers
Having an answer stricken is a serious sanction, likely means you were given a chance or two before that happened. The bailiff should have notified the clerk of your presence, and if you were present, then you were not FTA. I agree it may be easier to make a motion to set it aside, however, as chances of winning on appeal in this situation are slim to none. Exhaust your remedies in the trial court before you go to the court of appeal. You cannot say things for 1st time in the court of appeal, so it is even more important you first seek to set it aside. Good luck!