Daou v. Harris

OPINION

HATHAWAY, Judge.

The sole issue presented is whether the proceedings in this medical malpractice litigation which resulted in the plaintiff/appellee being awarded a $300,000 default judgment are void. We hold they are.

Appellant was served with the summons and complaint alleging medical malpractice in September 1981. After the expiration of the period in which he could have filed an answer, default was entered. Default judgment was subsequently entered on November 24,1981, in the amount of $300,000. Appellant claims that he first understood the consequences of the action when garnishment…