Ireland v. Carpenter

[¶ 1] Michael J. Carpenter and Dominik Loyen appeal from a default judgment entered in the Superior Court (York County, Fritzsche, J.) declaring an easement in favor of George Ireland. Carpenter and Loyen contend that the clerk and the court erred in entering a default and the default judgment, and in denying their motions to set aside the default judgment and to file a late answer. We affirm the denial of the motion to set aside the default, but we vacate the judgment and remand for a hearing on the specifics of the remedy to which Ireland is entitled.

I. BACKGROUND

[¶ 2] This case arises out…