Schaner v. Sterling Factors, Inc.

Eldridge, Judge.

Through a tortuous procedural history, the instant case comes to us on appeal from the Superior Court of DeKalb County’s order awarding damages to Sterling Factors, Inc. (“Sterling”) on its claim of fraud against Ed Schaner and Michael Whelan (“appellants”), which award arose in connection with a previous order of the superior court wherein the court struck appellants’ answer because of a wilful failure to comply with discovery; the court then entered a default judgment on Sterling’s fraud claim. The facts are as follows.

In January 1996, Sterling filed in the Superior Court of…