Joseph Baker v. Amanda Lynn Smith A/K/A Amanda Mitchell

Syllabus

The plaintiff entered into an agreement with a company to make certain improvements tohis existing home. According to the plaintiff, the construction done at the house was onlypartially completed and that work was improperly and negligently performed. In hiscomplaint, the plaintiff alleged, inter alia, breach of contract, negligence, fraud andintentional misrepresentation, and conversion. The plaintiff averred that the acts of thehome improvement company should be imputed to the defendant under the doctrine ofrespondeat superior; in the alternative, he alleged that the defendant was in a partnershipor joint venture with the home improvement company. The trial court entered an order ofdefault against the defendant after she was served but failed to appear or file a responsivepleading until after a default judgment had been entered. The trial court denied thedefendant's motion seeking to set aside the default judgment. The defendant appeals. Afterreview, we affirm the judgment of the trial court.