Joseph v. Marese

Stanley and April Joseph appeal from a final judgment entered upon an order of default. For the reasons which follow, we reverse.

Donald and Georgeanne Marese sued the Josephs on December 12, 1987, for breach of express warranty, breach of contract, and fraudulent misrepresentation concerning structural defects in a house the Mares-es purchased from the Josephs. On January 22, 1988, the Mareses moved for entry of a default. By agreed order dated February 2, 1988, the trial court ordered the Josephs “to file an answer to the Complaint by no later than February 5, 1988.” On February 5, 1988, the…