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Appeal — civil case — rescission of default judgment — not appealable — not a final judgment unless rescission granted on grounds of fraud or mistake.
An order rescinding a default judgment is not a final judgment and is, therefore, not appealable, except where the order of rescission has been granted on the grounds that the default judgment is invalid or has been obtained by fraud or mistake. In a case of invalidity or fraud or mistake, the rescission order puts an end to the litigation, and the plaintiff cannot persist in his claim unless the order is set aside on appeal.
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