Whalen v. Ives

The defendant appeals from a judgment rendered in favor of the plaintiff in the amount of $261,122.96. The defendant claims that the trial court improperly (1) conducted a hearing in damages after he filed an answer that required the clerk “automatically” to set aside an earlier default for failure to plead, (2) granted the plaintiff’s motion to strike the defendant’s notice of intention to contradict the plaintiff’s allegations at the hearing in damages, and (3) denied the defendant’s motion to file a late notice of defenses as to the hearing in damages. We disagree with all of the *9defendant’…