Decker v. HOMES, INC./CONSTRUCTION MGMT.
Court of Appeals of North Carolina
1Opinion of the Court
STEELMAN, Judge.
When the trial court applies the incorrect standard in deciding a motion to set aside an entry of default, we are required to remand the case to the trial court for application of the correct standard.
I. Factual Background
On 8 June 2001, Daniel and Susan Decker (plaintiffs) entered into an agreement to pay Homes, Inc./Construction Management & Financial Group (Homes, Inc.) to construct a new home. Homes, Inc. represented that plaintiffs would be able to move into their new home within nine months. Within eight weeks of entering into the agreement, there were delays in the…
2Cases cited17 opinions
- In Re the Appeal From the Civil PenaltySupreme Court of North Carolina · 1989
- Marshall v. MillerSupreme Court of North Carolina · 1981
- Spartan Leasing Inc. v. PollardCourt of Appeals of North Carolina · 1991
- United Laboratories, Inc. v. KuykendallSupreme Court of North Carolina · 1993
- Ellis v. Northern Star Co.Supreme Court of North Carolina · 1990
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- Webb v. McJas, Inc.Court of Appeals of North Carolina · 2013
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