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DURYEA v. WILSON

No. 33498-4-II.

144 P.3d 318 (2006)

Brett L. DURYEA and Michelle Duryea, husband and wife, Appellant, v. Michael E. WILSON, a single man, Respondent.

Court of Appeals of Washington, Division Two.

Publication Ordered October 10, 2006.

Attorney(s) appearing for the Case

Roy A.H. Rainey, Attorney at Law, Silverdale, WA, for Appellant.

Gregory P. Norbut, Attorney at Law, Poulsbo, WA, for Respondent.

PENOYAR, J.

¶ 1 Michael Wilson appeals the trial court's denial of his motion to vacate a default judgment obtained by Brett and Michelle Duryea. Because the trial court entered the default order and judgment when Wilson was not in default, we reverse.

FACTS

¶ 2 Wilson and Brett Duryea were co-owners of a business, Absolute Marble & Tile, Inc (Absolute).1 For reasons that are disputed, the business foundered...

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