Kirkland's Stores, Inc. v. Felicetty

In this negligence action the trial judge entered a default on liability against the defendant for failing to file an amended answer and affirmative defenses and, alternatively, as a sanction for disregarding several orders of the court involving discovery and related issues.

As to the failure to file an amended answer, the record discloses that defendant’s previous answer had been stricken several months before trial with leave to file an amended pleading. While plaintiff did not raise — by a motion for default — the failure to file the amended pleading until the day before trial began,…