Bernhagen v. Burton

STERNBERG, Judge.

The defendant, William Burton, appeals the trial court’s denial of his motion to vacate a default judgment entered against him. He contends that the entry of the default judgment was error because his answer to plaintiffs’ complaint was timely filed. We reverse.

In April 1978, the plaintiffs, David and Linda Bernhagen, brought an action against the defendant, several insurance companies, and an architect, alleging that their home had been damaged by lateral earth pressure. In an amended complaint, filed in September 1978, they alleged the damage had been caused by a rupture in…