Smithey v. Davis

HOLSTEIN, Judge.

Pursuant to a motion for summary judgment, plaintiff Charles E. Smithey was awarded a judgment in the sum of $9,000 against defendant Waco Davis. Davis appeals claiming that the trial court erred in entering an interlocutory judgment of default against him after he failed for the second time to appear to give his deposition and that the trial court erred in granting summary judgment on the issue of damages because genuine issues as to material facts remained in the case.

Smithey filed his petition on July 31, 1985, in the Circuit Court of Laclede County. The petition alleged…