Legal Opinion

Peay v. Barnett

Court of Special Appeals of Maryland

Decided March 29, 2018No. 1726/16PublishedCited by 5 opinions

1Opinion of the CourtZarnoch, J.

On its surface, this case seems to involve a simple question-whether the Circuit Court for Baltimore City correctly denied a defendant's motion to vacate a default judgment against her where there was a defect in service of process, but where she likely had actual notice of the proceedings and did not diligently challenge the judgment for more than six years. Logic would suggest an obvious yes. However, relevant caselaw blocks an easy answer here. For the U.S. Supreme Court has said that "[a] defendant is always free to ignore judicial proceedings, risk a default judgment, and then challenge…

2Cases cited34 opinions

  1. Insurance Corp. of Ireland v. Compagnie Des Bauxites De GuineeSupreme Court of the United States · 1982
  2. Banegura v. TaylorCourt of Appeals of Maryland · 1988
  3. Tandra S. v. Tyrone W.Court of Appeals of Maryland · 1994
  4. Harvey v. SlacumCourt of Appeals of Maryland · 1942
  5. Powell v. BreslinCourt of Appeals of Maryland · 2013

29 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Muhammad v. Bd. of EducationCourt of Special Appeals of Maryland · 2020
  2. Pomroy v. Indian Acres Club of Chspke. BayCourt of Special Appeals of Maryland · 2022
  3. Pomroy v. Indian Acres Club of Chspke. BayCourt of Special Appeals of Maryland · 2022
  4. Randall v. Navient SolutionsUnited States Bankruptcy Court, D. Maryland · 2021
  5. Securities and Exchange Commission v. LeeDistrict Court, D. Maryland · 2025

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