Ponagansett 2 LLC, d/b/a Peter Bibby Heating & Air v. Eleticia Garcia
Syllabus
The defendant, Eleticia Garcia, appealed from a Superior Court judgment by default in favor of the plaintiff, Ponagansett 2 LLC, d/b/a Peter Bibby Heating & Air, to enforce a mechanics' lien against the defendant and for attorneys' fees. After the defendant did not respond to the plaintiff's complaint to enforce the mechanics' lien, a clerk of the Superior Court entered default in favor of the plaintiff. After a hearing to determine the amount of the plaintiff's damages, the Superior Court entered default judgment against the defendant and awarded the plaintiff $20,000, plus interest, and attorneys' fees of $12,310.27.<br><br>On appeal, the defendant argued that the mechanics' lien was unenforceable and that the hearing justice committed reversible error by not only awarding the amount prayed for in the plaintiff's complaint but also excluding the admission of certain evidence as a full exhibit. The Supreme Court held that it was unable to consider the defendant's first argument because the Superior Court had already entered default in the plaintiff's favor. The Supreme Court further held that the hearing justice did not err with respect to the issues raised by the defendant that were properly before the Court. Accordingly, the Court affirmed the judgment of the Superior Court.<br>
Sourced from CourtListener / Free Law Project (CC0).
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