Westbrook v. Burris

PLANK, Judge.

Defendant, Terry Burris, appeals from a default judgment entered against him upon the cross-claim of co-defendant, Al E. West-brook. We reverse.

Burris contends that the trial court erred in entering default judgment without giving three days notice pursuant to C.R.C.P. 55(b)(2). We agree.

Plaintiff, Karen Andrews, filed a complaint for breach of contract against multiple defendants including Burris and Westbrook. All defendants filed timely answers. Westbrook also filed a cross-claim against Burris and another defendant not a party to this appeal. Burris failed to answer the…