The Baker defendants brought a motion to set aside a noting in default against them, and Sage Electric Limited brought a cross-motion for default judgment.
The Baker defendants had been noted in default after failing to comply with an order removing their former counsel of record.
The court found that the order removing counsel was irregular because it substituted the mandatory word 'shall' for the permissive word 'may' found in Rule 15.04, improperly removing the court's discretion.
The court set aside the noting in default and dismissed Sage's cross-motion for default judgment as premature.
