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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Danielle v. Ricci, 705 A.2d 994 (1997)

Citation
Danielle v. Ricci, 705 A.2d 994 (1997)
Parent Document
Danielle v. Ricci, 705 A.2d 994 (1997)
Jurisdiction
Rhode Island (state)
Effective Date
1997-12-15

Full Text

636 chars
A motion to set aside an entry of default is addressed to the discretion of the hearing justice. Berberian v. Petit, 118 R.I. 448, 452-453, 374 A.2d 791, 793 (1977). Although the movant need show only that the motion is supported by “good cause” rather than the “mistake, inadvertence, surprise, or excusable neglect” showing demanded under Super.R.Civ.P. 60(b), id. at 452, 374 A.2d at 793, such a showing will fall short if the movant is guilty of gross neglect or if the opposing party would suffer prejudice if the default were to be removed. Security Pacific Credit (Hong Kong) Ltd. v. Lau King Jan, 517 A.2d 1035, 1037 (R.I.1986).