I filed a magistrate case and the defendant never filed an answer. I then filed a motion for default judgment. That motion was denied due to lack of service on defendant. The case was then put on the calendar and a hearing was held. At the hearing I mentioned the default judgment, stated the defendant was served (which the defendant acknowledged). I then produced emails with the defendant's attorney showing the deposition process had commenced. I made the additional comment that if the defendant had not been properly serviced, then why was the attorney interviewing both parties? The last email was a settlement attempt which I declined stating I would continue with the court case. Lastly, I attempted to enter into evidence a court ruling to delay the trial showing the defendant was present (thus, knew about the trial and had more than 2 months to answer). The judge waived the bailiff off when I tried to enter that evidence. He then asked for opening statements without ruling on the default judgment.
The judge did rule on my case. My question is how do I appeal this lack of a ruling on my default judgment?
Why bother? Did you lose the case at the hearing? If so, you can appeal to the superior court and start all over. You can raise the issue of the default there. If there truly was a default, the other party should lose and not be able to appeal. One cannot appeal a default in Magistrate court.
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