Born v. Hodges

I agree that the trial • court’s order must be reversed. However, my reasoning differs slightly from the view expressed in the prevailing opinion.

The appellant in this case is not contesting the entry of a default judgment against him. Instead, he is challenging the relief granted by the trial court upon his default, which was that he was ordered to execute a quitclaim deed to appellees, and failing that, for the Clerk of the Court to issue a deed to them. Appellant’s failure to file a timely answer to the complaint does not prevent him from challenging the remedy ordered by the trial court.…