Gosp v. McAuliffe

BY JUDGE MICHAEL P. McWEENY

This matter came before the Court on the Motion of Brian E. McAuliffe, Executor of the Estate of Joseph C. McAuliffe, Sr., to set aside a foreign judgment docketed against the defendant in this Court. It is argued that the Florida judgment is void as Joseph C. McAuliffe, Sr., was never served with process in the case, among other arguments. The Plaintiff responds that, as the Motion was filed more than twenty-one days after the judgment was docketed, the judgment is final and not subject to attack.

Twenty-One Day Rule

The default judgment in question was entered in…