Moore v. Sullivan

EAGLES, Judge.

Defendants first argue that the trial court erred in entering a default judgment against them because defendants’ answer was filed before the trial court made an entry of default against them. We agree.

In its 8 July 1993 “Entry of Default,” the trial court stated that it was entering a judgment by default against defendants. We have previously clarified that when one party fails to file an answer and the trial court enters a judgment determining the issue of liability but ordering a trial on the issue of damages, the judgment is only an entry of default rather than a default…