Allison v. Merris

WIEAND, Judge:

The only issue in this appeal is whether the trial court properly struck a default judgment entered by the prothon*573otary upon praecipe of the plaintiff after the defendants had tardily filed an answer. Because plaintiffs default judgment was entered after an answer had been filed, we hold that it was patently defective and affirm the order causing it to be stricken.

Allen M. Allison was employed by Stephen and Patricia Merris to remodel the Merris home. A dispute arose concerning Allison’s performance and Merris’ obligation to pay therefor. After Allison had recovered the sum of…