Sanders v. Mitchell

hAMY, Judge.

The plaintiff sued the defendants for non-payment of a check. The trial court entered a default judgment against the defendants. The defendants then filed a motion for new trial, which was denied. Accordingly, the defendants appealed. For the following reasons, we affirm in part, reverse in part, and render.

*1277Factual and Procedural Background

The defendants, Irma and Ernest Mitchell, contracted with the plaintiff, Clarence Sanders, to construct their home. In payment for work that had been rendered, the Mitchells paid Mr. Sanders with a check in the amount of $16,000.00. The check…