Stevens v. Abbott

The defendants appeal from an order of the Missoula County District Court which, as a discovery sanction, granted default judgment for plaintiffs on the issue of liability. We hold that an order which grants a default judgment on the issue of liability, reserving determination of the amount of damages, is not appealable.

In 1981, the plaintiffs and Mr. Abbott, one of the defendants, entered an agreement whereby Mr. Abbott would purchase plaintiffs’ restaurant business and related property. Mr. McQuade, the other defendant, guaranteed the obligations of Mr. Abbott. In late 1983, plaintiffs…