Forer v. PEREZ-LAMBKINS

Hill, J.:

This is an appeal of an order granting default judgment on a counterclaim. The district court entered judgment against Robert Forer at a pretrial conference, without any request from the defendant who brought the counterclaim. Under our Code of Civil Procedure, a party who has made an appearance in a case is entitled to a 3-day notice before the court can entertain an application for default judgment. K.S.A. 60-255(a). Obviously, Forer had made an “appearance” since, as plaintiff, he was the one who filed the petition that started the lawsuit. Rut, because Forer received no 3-day…