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Mecca Constr. Inc. v. Maestro Invs. LLC

The defendants' explanation for the delay in filing their answer—confusion as to when it was due—did not constitute excusable neglect as a matter of law.

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Maestro Investments, LLC and Michael Foster collectively “Maestro” filed suit against Mecca Construction, Inc., Opportunity Investments/Developers, LLC, Khatra Mohamed, and Mikal Abdullah collectively “Mecca”, alleging claims for, among other things, breach of contract and fraud. The trial court found that Mecca failed to timely answer the complaint and, after a trial on the issue of damages, entered a judgment of default and an award of damages and attorney fees against Mecca.

Mecca appeals, contending that: 1 the trial court erred in denying its motion to extend the time to answer the complaint and in finding that it Mecca was in default; 2 the trial court erred in declining to open the default; 3 the trial court erred in not allowing it Mecca to contest the factual allegations of the complaint, which, Mecca asserts, were not well-pled; 4 the trial court erred in granting judgment in favor of Foster when there was no evidence that Foster was a party to any contract or a participant in any transaction with Mecca; 5 there was no “well pled or proven” basis to hold Mohamed and Abdullah officers of Opportunity Investments and Mecca Construction, respectively personally liable; 6 a settlement agreement was unenforceable because there was no evidence the parties had reached an agreement; and 7 there was no evidentiary basis to award attorney fees. For the reasons that follow, we affirm.

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