Northen v. Mary Anne Frolick & Associates

Judge Harold R. Banke.

Mary Anne Frolick & Associates, d/b/a Re/Max Achievers (“Re/ Max”) obtained a default judgment against Arthur J. Northen, Jr. after Northen breached a January 1995 real estate contract to purchase a $3.2 million home. The trial court imposed the default judgment as a sanction for certain discovery problems. It awarded $97,500 plus interest to Re/Max on its breach of contract claim and $1,560 in attorney fees as damages for its bad faith claim.

After entry of default, Northen retained R. Scott Tobin, who served as Northen’s counsel from May 1, 1997 until October 7, 1997.…