Global Construction Services, Inc. v. Jackson

Plaintiffs sued defendant for the return of a deposit they made for the construction of a home. After they obtained a default judgment the defendant moved to set it aside but the trial court denied relief on the ground that the defendant failed to allege a meritorious defense. We reverse.

Although the sworn motion to set aside the default did not include a defensive pleading alleging a meritorious defense, the motion itself stated that it was the plaintiffs who were in breach of the contract under which the deposit was made, not the defendant. The trial court erred in concluding that this was…