Burger v. Burton

Banke, Judge.

On August 8,1981, the appellees filed suit against the appellant attorney to recover damages for fraud, breach of contract, and professional malpractice. The appellant counterclaimed for $800,000 for libel and malicious abuse of process; however, the trial court subsequently struck both the answer and counterclaim as sanction for the appellant’s wilful failure to respond to an order compelling discovery.

On April 8,1982, following an evidentiary hearing, the trial court entered default judgment against the appellant for actual damages in the amount of $6,000, attorney fees in the…