Shawl v. SPENCE BROS., INC.

Defendant Spence Brothers, Inc., appeals by leave granted the trial court’s order denying its motion to set aside a default in favor of plaintiffs James Shawl (Shawl) and Mary Shawl. On appeal, Spence Brothers argues that the trial court erred as a matter of law by applying the wrong standard in denying its motion to set aside the default. In addition, Spence Brothers argues that the trial court abused its discretion in refusing to set aside the default. We reverse and remand.

I. BASIC FACTS AND PROCEDURAL HISTORY

Boice Bird and Sons, Inc., employed Shawl as a journeyman painter. Spence…