Rafaelian v. Perfecto Iron Works, Inc.
Annotate this CasePetitioner filed a petition to foreclose the right of redemption arising from a tax sale of certain property. The petition indicated that Respondents, including Perfecto Iron Works, held an interest in the property and that Respondents were provided notice of the petition. Neither Petitioner nor her attorney received a copy of Perfecto's answer, and thus, believing no responsive pleading had been filed, Petitioner filed a motion for entry of default. After a hearing, a final decree was entered vesting legal and equitable title to the property in Petitioner. Perfecto subsequently filed a motion to vacate the default and final decree. A trial justice granted the motion, concluding that the default was erroneously entered because Perfecto's answer was timely filed. The Supreme Court affirmed, holding that the trial justice properly vacated the default decree when, in fact, Perfecto had answered the petition and had done so in a timely manner.
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