Tapp v. Fowler

Tom Glaze, Justice.

Appellant appeals from a default judgment entered against him for failing to file an answer to appellee’s complaint. Appellant’s sole contention on appeal is that his “motion to dismiss and motion for summary judgment,” which was denied by the trial court, was a responsive pleading to the complaint and, therefore, the court erred by granting the default judgment.

Appellant, an attorney, represented appellee in a divorce action, and this lawsuit ensues from appellant’s claim of $1,000 attorney’s fees which he retained out of a $10,600 check the chancery court, in a temporary…