Flater v. Grace

Opinion

KATZ, J.

The defendant, Kevin M. Grace, individually and doing business as Grace Builders, 1 appeals from the trial court’s decision denying his motion to open the judgment awarding the plaintiffs, Michael Flater and Tracy Flater, $92,831 in damages for the defendant’s failure to complete and perform satisfactorily a home improvement contract. The essence of the defendant’s claim is that it was an abuse of discretion and inequitable for the court not to open the judgment because the defendant, in deciding not to defend against the claims, had relied on an estimate that the plaintiffs…