The Cote Corp. v. Kelley Earthworks, Inc.Annotate this Case
The Cote Corporation filed a mechanic’s lien against real property owned by Kelley Earthworks, Inc. Cote subsequently brought a complaint to enforce the lien against Kelley. Kelley did not respond to the complaint or to Cote’s motion for summary judgment. The superior court entered Kelley’s default and then entered judgment for Cote, plus interest and attorney fees, and ordered that the property be sold to satisfy the judgment. Kelley appeared ten days after the judgment was entered on the docket and filed motions to set aside its default and for relief from the judgment. The court declined to set aside the default but did strike its order to sell the real property, instead awarding Cote a money judgment. The Supreme Court vacated the judgment, holding that the court erred in striking the provision of its order requiring a sale of the property. Remanded for entry of an order for the sale of at least a portion of Kelley’s land.