McMillan v. Horan

I write with some embarrassment to confess that I do not understand footnote two of the supreme court’s opinion in Kozel, and I am a little worried about how it will be interpreted. The supreme court recently took the trouble to revise this footnote, so obviously they understand it, but it has me stumped. The court observes:

[Wjhen the circumstances involve the dismissal of the plaintiffs complaint, there are no similar notice requirements. The rules of civil procedure do not require the defendant to file a motion for default or the court to notify the plaintiff that an *1092application for default…