Jackson v. Mitchell

Greco, PJ.

In his complaint, brought in 2002, the plaintiff, Robert Jackson (“Jackson”), sued the defendant, Kristen Mitchell (“Mitchell”), to recover damages for her failure to pay for hay he had sold her beginning in 1991. In 2003, after a bench trial, a judgment entered for Jackson with damages awarded in the amount of $24,128.41. An execution issued. Over four years later, a different judge was presented with various motions whereby Mitchell argued that she had been denied her right to appeal fully from that judgment.

To back up, after the original trial, Mitchell appealed to this Division,…