Replies to post #46413 on Global Digital Solutions Inc (GDSI)

[eqinvestor]

Look at B which says excusable neglect. Let me make it clear. I don't believe they win. However, they have an appeal. The whole basis for their motion was slow mail and then it took them a long time to get an attorney. The judge denied the motion because he did not believe their neglect was excusable. He made it clear. They abused the court process and when they found out the default was entered, they really never kept in touch with GDSI's counsel or the court to notify the court they were trying to obtain counsel. The motion was filed 90 days or so after they found out that the default was granted. There was really no excuse for such a cavalier approach to the process. Had they made COVID a big part of their motion, they might have won. They didn't and therefore, they can't do it now. The appeals court will only review the record that the trial court was reviewing.

There seems to be confusion on default and damages. GDSI received a default which essentially says that all of the allegations in their well written complaint are true. Rontan's attorneys can appeal the denial order of the relief from the default judgment. What is coming up is a damages hearing. The purpose is for the court to determine what the damages are. Rontan's attorneys can also appeal that if they don't agree with the amount of the judgment. However, there is a chance that if they don't appeal the default judgment order, they will have no standing to appeal the damages order because they are essentially out of the case. This is essentially the hint that GDSI's attorneys gave in their recently filed Reply to the Motion for Continuance. (which is really an oppoosition)

[Coreton]

b) is what some here say would work. As noted in Middlebrooks denial of the motion to set aside. The dates and times for all proceedings were known to the defendant prior to the exit of counsel. They did not maintain contact with the court or opposing council as directed.