Giarrusso v. Corrigan

In this civil action for damages for breach of contract a -default -judgment in the amount of $860 plus interest and costs -was entered in the. Superior Court for the plaintiff. Thereafter a justice of that court under authority of Super. It. Civ. P. 60(b) granted the defendant’s motion to vacate that judgment on condition that he pay the plaintiff’s counsel a fee. of $250 within twenty days. The'plaintiff appealed.

Because in our opinion the order vacating the default judgment was interlocutory and therefore not appealable, we do not reach the merits. It is true, of course, that the rule of…