Avco Lycoming v. Newton Aero, Inc.

Smith, Judge.

After Avco Lycoming failed to file an answer in this tort action, the trial court entered default judgment against it and further ordered that the "action be immediately placed on the first available default calendar in order that the issue of damages ... be decided upon by a jury.” Avco filed a motion to set aside the default, which motion was denied, and from the denial of that motion Avco appeals. Newton Aero, appellee, has moved to dismiss the appeal because it is not a final order, there still remaining the jury trial as to damages. We agree, and the appeal is dismissed.

The…