Fredco Realty, Inc. v. Jones

GRIMM, Chief Judge.

Plaintiffs sued defendant, a contractor, on disputes arising out of construction contracts. The trial court granted an interlocutory order of default against defendant for numerous discovery violations.

A bench trial was then conducted to assess damages. All parties and their attorneys participated. The trial court awarded plaintiffs $266,620.99 in damages.

Defendant appeals. His five points of error allege the trial court erred in: 1) granting a default judgment as a discovery sanction, 2) assessing damages in excess of the amount prayed for, 3) granting an equitable lien…