Milloy v. H.H. Woods & Woods & Sons Construction

On Application for Rehearing

BRYAN, Judge.

This court’s opinion of October 3, 2008, is withdrawn, and the following is substituted therefor.

Robert L. Milloy appeals from the trial court’s denial of his motion to set aside a default judgment entered in favor of H.H. Woods and Woods & Sons Construction (collectively “Woods”). We reverse and remand.

On June 21, 2004, Woods sued Milloy, alleging breach of contract. Woods attached to the complaint a copy of a contract between Woods and Milloy in which Woods agreed to perform improvements and repairs to a house belonging to Milloy. That contract…