Lambert Bros., Inc. v. Tri City Construction Co.

FLANIGAN, Judge.

Neither plaintiff Lambert Brothers, Inc. (Lambert) nor defendant Tri City Construction Co. (Tri City) is happy with the result in the trial court and both have appealed. On October 10, 1972, the trial court entered a default judgment in favor of Lambert in the amount of $30,520. On October 16, 1972, the trial court set this judgment aside. A jury trial, which ended on March 16, 1973, resulted in a verdict and judgment in favor of Lambert in the amount of $18,000.

Lambert seeks reinstatement of the $30,520 judgment. Tri City, content with the setting aside of the $30,520…