Center v. Center

Gregory, Justice.

This is a cross appeal from two orders of the lower court in a malicious prosecution action. Mrs. Center appeals an order dated July 12, 1976, refusing to vacate a default judgment entered against her. Both Mrs. Center and Maxwell O. Center, Sr. (Mr. Center) appeal an order dated July 30, 1976, reducing the award of punitive damages from $47,500 to $25,000. We affirm the lower court’s refusal to vacate and reverse the reduction of punitive damages.

In August 1972, while Mr. and Mrs. Center were separated, Mr. Center returned to the family home to retrieve his tractor and…