BERNHAGEN v. BURTON

No. 83CA1409.

694 P.2d 880 (1984)

David H. BERNHAGEN and Linda C. Bernhagen, Plaintiffs-Appellees, v. William BURTON, d/b/a Burton Construction Company, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

December 27, 1984.


Attorney(s) appearing for the Case

Bruce I. Gordon, Aspen, for plaintiffs-appellees.

Garfield & Hecht, P.C., Katherine Hendricks, Jeremy M. Bernstein, Aspen, for defendant-appellant.


STERNBERG, Judge.

The defendant, William Burton, appeals the trial court's denial of his motion to vacate a default judgment entered against him. He contends that the entry of the default judgment was error because his answer to plaintiffs' complaint was timely filed. We reverse.

In April 1978, the plaintiffs, David and Linda Bernhagen, brought an action against the defendant, several insurance companies, and an architect, alleging that their home had been...

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