Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Argued September 5, 2001

Concurring opinion by Associate Judge Schwelb at p. 11.

These appeals present the tension between a calculated refusal to respond to a complaint and summons and the preference by this and other courts for adjudication on the merits. Appellant, Norton F. Tennille, Jr., appeals from the entry of default judgment on a breach of contract action where he agreed to pay his former wife a fixed percent of his income in lieu of alimony. He also appeals the denial of a motion for relief from that judgment pursuant to Super. Ct. Civ. R. 60 (b)(6). Mr. Tennille deliberately ignored the complaint after proper service on him and also ignored discovery requests. He argues that the trial court abused its discretion in its consideration of the factors under Rule 60 (b)(6), specifically, that he has a meritorious defense, and that appellee, Cheryl L. Tennille will not be prejudiced by a trial on the merits. Mr. Tennille also argues that his income was inappropriately imputed to him since the pleadings did not provide adequate notice that the award would be based on the extrapolation of past gross income. As to this last argument, we note that it was not presented with any degree of precision in the Rule 60 (b)(6) motion and only mentioned briefly during the hearing on the motion. The two appeals are consolidated, but the only issue is whether the denial of relief from judgment was an abuse of discretion. We affirm.

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Women Influence & Power in Law Awards 2021

October 07, 2021
Washington, DC

Women Influence & Power in Law Awards honors women lawyers who have made a remarkable difference in the legal profession.


Women Influence & Power in Law (WIPL) 2021

October 06, 2021 - October 08, 2021
Washington, DC

WIPL is the original global forum facilitating women-to-women exchange on leadership and legal issues.


General Counsel Conference Midwest: SuperConference 2021

October 12, 2021 - October 13, 2021
Chicago, IL

GCC Midwest addresses today's legal issues facing companies by providing general counsel with insight and best practices.


Legal Assistant/Paralegal (Wayne, PA)

Wayne, Pennsylvania, United States

Console Mattiacci Law, LLC, a mid-sized plaintiff-side employment litigation firm, is seeking a full-time (30+ hours per week) litigation as...

Apply Now ›

Legal Assistant/Case Manager

Houston, Texas, United States

We are looking for EXPERIENCED personal injury case managers/legal assistants to join our team. Come work with us!   The right team m...

Apply Now ›

Employee Benefits Associate

Philadelphia, Pennsylvania, United States

Duane Morris seeks an associate with 3-4 years of experience to join its Employee Benefits and Executive Compensation Group. Candidate shoul...

Apply Now ›



JAVERBAUM WURGAFT HICKS mourn the passing of our Co-Founding Partner, collegue, and friend.

View Announcement ›



Barton Gilman Expands Into Connecticut

View Announcement ›



Barton Gilman LLP is excited to announce that its expansion into Philadelphia

View Announcement ›