Colton Lumber Co. v. Siemonsma

ROEHR, Circuit Judge.

[¶ 1.] The circuit court denied Charles Siemonsma’s (Siemonsma) motion for enlargement of time to answer and granted Colton Lumber Company’s (Colton Lumber) application for default judgment. Siemonsma appeals. We reverse and remand.

FACTS

[¶ 2.] Colton Lumber provided materials and labor to Siemonsma in the construction of two houses-one in Sioux Falls and one at Lake Madison. Siemonsma paid the bulk of his account with Colton Lumber, but did not make the final payment. Colton Lumber’s attorney wrote Siemonsma demanding payment of the final $5,542.88. Siemonsma responded…