Leventhal v. Moseley

Thompson, Justice.

We granted certiorari in this case to determine whether a direct appeal, as opposed to a discretionary appeal, lies from the denial of a motion to set aside predicated on the failure of the trial court to notify the losing party of its decision.

Plaintiffs sued defendant on four promissory notes (totalling over $500,000) and the trial court granted plaintiffs’ motion for summary judgment. Two months later, defendant moved for permission to file an out-of-time appeal, or, alternatively, to set aside the judgment, alleging neither he nor his attorney received a copy of the…