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DECKER v. HOMES, INC./CONSTRUCTION MGMT.

No. COA06-150.

654 S.E.2d 495 (2007)

David DECKER and wife Susan Decker v. HOMES, INC./CONSTRUCTION MANAGEMENT & FINANCIAL GROUP, an Indiana Corporation, Don Jones, in his individual and official capacity, Don Heatherly, in his individual and official capacity, and Bruce Storm, in his individual and official capacity.

Court of Appeals of North Carolina.

December 18, 2007.

Attorney(s) appearing for the Case

Dungan & Associates, P.A., by Shannon Lovins & Robert E. Dungan, Asheville, for plaintiffs-appellees.

Ferikes & Bleynat, PLLC, by Edward L. Bleynat, Jr., Asheville, for defendants-appellants.

STEELMAN, Judge.

When the trial court applies the incorrect standard in deciding a motion to set aside an entry of default, we are required to remand the case to the trial court for application of the correct standard.

I. Factual Background

On 8 June 2001, Daniel and Susan Decker (plaintiffs) entered into an agreement to pay Homes, Inc./Construction Management & Financial Group (Homes, Inc.) to construct a new home. Homes, Inc. represented...

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