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MAROON FLOORING, INC. v. AUSTIN

927 A.2d 1182 (2007)

2007 ME 75

MAROON FLOORING, INC. v. David A. AUSTIN.

Supreme Judicial Court of Maine.

Decided: June 26, 2007.

Attorney(s) appearing for the Case

Robert J. Ringer Jr., Esq., Arnold S. Clark, Esq., Jabar, Batten, Ringer & Murphy, Waterville, for plaintiff.

Alton C. Stevens, Esq., Marden, Dubord, Bernier & Stevens, Waterville, for defendant.

Panel: SAUFLEY, C.J., and CLIFFORD, CALKINS, LEVY, SILVER, and MEAD, JJ.

CALKINS, J.

[¶ 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...

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