Forman & Zuckerman, P. A. v. Schupak

MITCHELL, Judge.

The defendants’ sole assignment of error is directed to the failure of the trial court to remove the plaintiff’s motion for judgment by default from the 16 May 1977 calendar. The defendants contend that they were thereby denied due process and rights provided by local court rules.

Due process, of course, requires adequate notice and opportunity to be heard. As the Supreme Court of the United States has specifically stated:

An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under all the…