Duryea v. Wilson

¶1 Michael Wilson appeals the trial court’s denial of his motion to vacate a default judgment obtained by Brett and Michelle Duryea. Because the trial court entered the default order and judgment when Wilson was not in default, we reverse.

FACTS

¶2 Wilson and Brett Duryea were co-owners of a business, Absolute Marble & Tile, Inc.1 For reasons that are disputed, the business foundered. Duryea sued Wilson, claiming that Wilson had contracted to replace Duryea as personal guarantor of Absolute’s debts and to indemnify Duryea in exchange for Duryea’s shares of stock but had failed to do so,…