The appellants appealed an order of the Superior Court of Justice that resurrected the action, noted them in default, and granted default judgment against them.
The Court of Appeal raised the issue of its jurisdiction to hear the appeal.
Relying on previous jurisprudence, the Court held that a default judgment granted under Rule 19 is an interlocutory order, not a final judgment, and therefore no appeal lies directly to the Court of Appeal.
The proper procedure is to bring a motion in the Superior Court to set aside or vary the default judgment under Rule 19.08.
The appeal was quashed.
