Joseph Baker, et al. v. Amanda Lynn Smith A/K/A Amanda Mitchell

The plaintiff entered into an agreement with a company to make certain improvements to
his existing home. According to the plaintiff, the construction done at the house was only
partially completed and that work was improperly and negligently performed. In his
complaint, the plaintiff alleged, inter alia, breach of contract, negligence, fraud and
intentional misrepresentation, and conversion. The plaintiff averred that the acts of the
home improvement company should be imputed to the defendant under the doctrine of
respondeat superior; in the alternative, he alleged that the defendant was in a partnership
or joint venture with the home improvement company. The trial court entered an order of
default against the defendant after she was served but failed to appear or file a responsive
pleading until after a default judgment had been entered. The trial court denied the
defendant’s motion seeking to set aside the default judgment. The defendant appeals. After
review, we affirm the judgment of the trial court.