¶ twenty On February 16, 2010, and now represented by new counsel, Moon filed a movement to vacate. Moon restated his allegations of a January 2008 “work-out” agreement with, and breached by Bank with the intent to induce his default. Moon further alleged the death of his prior counsel, coupled with the demo courtroom's failure to fully adjudicate the validity of his statements and defenses, constituted irregularities in obtaining judgment, on account of which, the get granting judgment to Bank needs to be vacated.
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¶ 19 Bank submitted its movement for summary judgment on December 11, 2009, and notified the two Moon and counsel Moon experienced indicated he would retain, but Moon failed to reply. By Journal Entry of Judgment filed January 14, 2010, the trial court granted judgment to Bank on its promises for selection of your Take note, foreclosure of your mortgage, and denied Moon's counterclaims, “the Courtroom obtaining Beforehand made a decision The problem of [Moon's] breach of contract of the files and devices which happen to be the topic of this motion by granting judgment on the Plaintiff herein,” Hence “dispos[ing] of all claims of all get-togethers hereto with judgment remaining entered in favor of Plaintiff.” A replica on the judgment was mailed to Moon January 15, 2010.
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