Again...Nethercott was in jail and therefore could not afford to respond to the suit. You don't get appointed an attorney in a civil suit.
Still not a ground to appeal. People in jail can represent themselves in civil suits and file legal papers; it happens all the time. Inmates even file lawsuits as plaintiffs. If Nethercutt was properly notified of the suit (even in jail) and he didn't respond, there's nothing an appellate lawyer can do for him.