Sells v. Drott

LaVerna Sells asks the Court to reverse a default judgment granted against her in a suit brought by Earl Drott for specific performance of a contract to buy Sells’s property. Although facially valid answers had been timely filed on Sells’s behalf, the trial court struck those answers without prior notice to Sells that the validity of the answers was disputed. Regardless of whether the trial court had some evidence to support striking the answers on file for Sells, the trial court was required to give her notice and an opportunity to present evidence and argument before striking the answers…