PRETRIAL ADJUDICATION
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Default
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Relief from Default
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Equitable Relief from Judgment
............Damages Award Excessive
2 Cards On This Topic:
D's default set aside where $59K judgment after one late payment on note was an unenforceable penalty—the amount bore no reasonable relationship to the amount of damages P would suffer as a result of D's breach.
Damages awarded by default judgment may be reviewed by appellate court if amt. of award so disproportionate to injury suffered as to be w/o evidentiary support and shocking to the conscience.