Allison v. Merris

I dissent. One critical procedural fact was omitted by the majority.

Appellees promptly filed motions to open and strike the default judgment. Without addressing the petition to open, the lower court struck the default judgment.

In striking the default judgment, the lower court noted that snap judgments are not favored. It further noted that the 20-day response period for the filing of pleadings is permissive and not mandatory. Finally, the court found that appellant suffered no prejudice from the filing of the answer and counterclaim one day beyond the ten-day grace period.

I agree with the…