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Re: hockeypond post# 45961

Monday, 08/10/2020 11:53:25 PM

Monday, August 10, 2020 11:53:25 PM

Post# of 50022
Default judgement was already granted. DE 206 as posted.

Bolzan’s are attempting to have the judge reconsider.

The order stands until something happens to reverse it. There is a 0.5% chance it is reversed. So far the Bolzan’s have provided no legal grounds to revers the order.

The Bolzan’s have not remedied any of the grounds for which the order was granted there will be no “set aside” IMHO.

They may succeed in getting to be heard on the issue of incidental damages ( 20%-30% chance imho) This would require them to produce all the documents they failed to produce already which led, in part, to the default judgement in the first place.

So yes. The judge already ruled on the matter. All that remains is damages incidental to the Default Judgement and Specific Performance.

Specific Performance is the remedy for the default Judgement.

Incidental Damages is the offset of undisclosed liabilities to Specific Performance ( execution of the contract/SPA).

Specific Performance is an ordering of a party to execute an agreement as written in a contract ( the SPA).

In this case. It is the ordering of Rontan to fully execute the contract they agreed to. Then offset by the Incidental damages award ( which has not been fully adjudicated)

GL