Clark v. Penland

TYSON, Judge.

David Penland and Randy Penland (“defendants”) appeal the trial court’s entry of default and default judgment 30 March 2000 in favor of Taimyr Clark, Colin A. Holway, Michael D. Baker, and Fibercap, Inc. (“plaintiffs”) and order denying defendants’ motion for relief dated 25 May 2000.

I. Facts

Plaintiffs and defendants agreed to incorporate Fibercap, Inc. for the installation and sale of fiber optic communications cable and con duit. During construction of a fiber optic loop for Wake Forest University, plaintiffs learned that defendants were appropriating money received from Wake…