Cutillo v. Gerstel

McKUSICK, Chief Justice.

In this suit on two promissory notes, the clerk of the Superior Court (Penobscot County) entered a default against defendant David Gerstel for failure to file a responsive pleading, and a Superior Court justice, after denying Gerstel’s motion to set aside the default, fixed damages at $108,882.55 and ordered entry of judgment. On Gerstel’s appeal, we reject his argument that the justice erred in not setting aside the default. We agree with him, however, that the case must be remanded for redetermination of damages because Gerstel was not given the notice required by…