Walter J. Aspinwall, Jr., Inc. v. Rohrbacher

Defendants appeal from the denial of their Dist./Mun. Cts. R. Civ. P., Rule 55(c) motion to remove a default that resulted from their failure to appear on the scheduled trial date. The motion was denied for the reason that the motion judge ruled that he did not have the authority to allow the motion for the reasons stated by defendants. We reverse and remand.

This is an action of contract for plumbing work performed by plaintiffs at defendants’ residence. Defendants denied the allegations of the complaint and counterclaimed for damages allegedly incurred as a result of plaintiffs’ incomplete…