Feeney v. Abdelahad

It was an abuse of discretion for the trial judge to deny the defendant’s motion to vacate the judgment which had been entered after his default and without notice to him or his attorney of the hearing on the assessment of damages. Assuming, without deciding, that the request by the de*850fendant’s attorney to the plaintiff’s attorney for an extension of time to file an answer did not constitute an appearance within the meaning of Mass.R.Civ.P. 55(b)(2), 365 Mass. 822 (1974),1 nevertheless the plaintiff had no "right” to have the crucial hearing on damages proceed without notice to the defendant…