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Litigator22

Active Member
quincy You could appeal.
There is no appeal from a default judgment. The order denying the OP's motion for relief from the entry of his default - whether a Rule 55(c) or 60 (b) motion - IS AN APPEALABLE ORDER, but the judgment rendered pursuant to the entry of the default is NOT appealable, per se. Here for example there is no means whereby a reviewing court could evaluate the merits of the OP's response in defense to the plaintiff's claim simply because there has been no response - neither by way of pleading or evidentiary!

quincy You can file an "Affidavit of Substantial Hardship" with the court, which (if you are eligible) would help you avoid having to pay the bond.
There is no "bond" required in appealing from an appealable judgment! Not unless the appellant is seeking an order staying proceedings to enforce/satisfy the judgment. In which case it is a "supersedes bond" and cannot be waived on the basis of the appellant's impoverishment. (See Alabama Rules of Civil Procedure Rule 62.)
 

quincy

Senior Member
There is no appeal from a default judgment. The order denying the OP's motion for relief from the entry of his default - whether a Rule 55(c) or 60 (b) motion - IS AN APPEALABLE ORDER, but the judgment rendered pursuant to the entry of the default is NOT appealable, per se. Here for example there is no means whereby a reviewing court could evaluate the merits of the OP's response in defense to the plaintiff's claim simply because there has been no response - neither by way of pleading or evidentiary!



There is no "bond" required in appealing from an appealable judgment! Not unless the appellant is seeking an order staying proceedings to enforce/satisfy the judgment. In which case it is a "supersedes bond" and cannot be waived on the basis of the appellant's impoverishment. (See Alabama Rules of Civil Procedure Rule 62.)
Thanks for the correction. :)
 
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