Hader v. American Builders & Contractors Co.

Summary

The court reverses an order refusing to set aside a default against the appellant. It holds that excusable neglect was shown because of confusion about legal representation and uncertainty regarding the deadline to respond to an amended complaint, and concludes that the procedure did not provide adequate notice of the potential default.

Holdings

1. The appellant demonstrated excusable neglect through his misunderstanding regarding legal representation and the uncertainty surrounding the deadline to answer the amended complaint; therefore, the default must be set aside.
2. A default cannot stand where the record provides no ascertainable date on which the defendant was placed on notice that a response to the amended complaint was due and that failure to respond would result in default.

Questions Presented

1. Whether the appellant demonstrated excusable neglect sufficient to set aside the default.
2. Whether the procedures used to notify the appellant of the amended complaint and the deadline to respond were legally sufficient to support the default.

Disposition

reversed_and_remanded