Metropolitan Deluxe Inc. v. Bradsher

Metropolitan Deluxe, Inc. and Maddix Deluxe, Inc. collectively “Metropolitan” appeal from the trial court’s entry of a final order and default judgment against them in an action brought by Victoria Bradsher. Metropolitan contends the trial court erred in finding that it was in default, in finding that Bradsher had not waived any default, and in denying its motion to open the default. We find no error and affirm.

The record shows without dispute that Bradsher ordered several pieces of custom furniture and slipcovers from Metropolitan during the summer of 1997. Metropolitan agreed to store the furniture and slipcovers when the items arrived from the manufacturer until Bradsher completed the renovations on her home. The parties disagree as to whether Metropolitan had agreed to store the furniture for a limited time period or until the renovations to Bradsher’s home were complete. The parties further do not agree as to whether Bradsher was in further communication with Metropolitan between September 1997, when the furniture arrived from the manufacturer and a representative of Metropolitan notified Bradsher, and March 1999, when an employee of Metropolitan again telephoned Bradsher and delivery was arranged. The parties do agree that when the furniture was delivered, some of the pieces were soiled, ripped, and/or scratched in several places, and one piece of furniture was the wrong size. Although Metropolitan offered to repair, replace, or otherwise correct all the defects, Bradsher sought rescission of the transaction and return of the purchase price. When Metropolitan refused, this action was filed.