Maroon Flooring, Inc. v. Austin

[¶ 1] David A. Austin appeals from a judgment entered in the District Court (Waterville, Worth, J.) denying his motion to set aside the entry of default and the default judgment against him. We agree with Austin that the District Court abused its discretion in refusing to set aside the default judgment against him. Although we affirm the denial of the motion to set aside the entry of default, we vacate the default judgment on the ground that the clerk did not have the authority to issue the judgment and a hearing should have been held on the amount of damages.

I. BACKGROUND

[¶ 2] On April 25,…