Micelli v. Moore

WARD, Judge.

Joseph Micelli appeals the post-trial dismissal of his suit against Thomas Moore, asserting that Moore was not entitled to a judgment in his favor because he did not file an answer to the lawsuit. We hold that by going to trial Micelli waived his right to object to Moore’s failure to answer, and we affirm the judgment.

Micelli and an employee of his private investigation business, Richard Miller, originally filed suit for damages against Raymond Moore, Thomas Moore’s brother, alleging he had intentionally destroyed certain photographic equipment belonging to them. The plaintiffs…