Becker v. re/Max Horizons Realty

Samuel Becker appeals a summary final default judgment entered in the action brought by Re/Max Horizons Realty, Inc. (Re/Max), for sums due under a promissory note and the trial court's order denying his motion to vacate and set aside the clerk's default entered against him. Becker raises three issues, only two of which must be addressed. Finding that the total amount of the unpaid principal of the note combined with the late fees to which Re/Max was entitled under the note satisfies the amount in controversy requirement for circuit court jurisdiction, we affirm the circuit court's exercise of subject matter jurisdiction. We reverse the summary judgment, however, because the trial court erred in failing to set aside the clerk's default when the record reflects that Becker served a paper before the default was entered. Factual and Procedural Background Re/Max filed suit against Becker on a promissory note executed by him. In the promissory note, Becker promised to pay: