Motor Sport Engineering, Inc. v. Car Point, Inc.
Motor Sport Engineering, Inc. v. Car Point, Inc.
Opinion of the Court
Appellants, Motor Sport Engineering, Inc., and Louis Masciarelli and Arthur Mas-ciarelli, (Masciarellis), appeal adverse default judgments. We reverse.
Appellants and appellee, Car Point, Inc., were unable to resolve a contractual dispute over the purchase of a custom automobile. Appellee sued appellants on several theories, including civil theft.
Appellants filed a motion to dismiss, and sought to be represented by an out-of-state lawyer. The trial court denied appellants’ motion to dismiss, denied the out-of-state lawyer’s request to defend appellants, and ordered appellants to file an answer in fifteen days.
The Masciarellis sent a timely unsigned pro se answer to the court file without serving it on appellee’s attorney. Appellee moved for a default and subsequent default judgment against appellants. The default judgment provided for treble damages and attorney’s fees.
Appellants assert that the trial court abused its discretion in entering a default and a default judgment where appellants filed a pro se answer, manifesting an intent to defend on the merits. Appel-lee contends that the default judgment was properly entered against the corporate appellant because only a duly licensed attorney can appear for a corporation in litigation. Appellee further contends that the default judgment was proper against the Masciarellis because they failed to act upon the motion for default judgment.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.