McGee v. Allen

MONTGOMERY, Chief Judge.

Calvin Allen (Defendant) appeals from a judgment awarding Ricky L. McGee, Sr. (Plaintiff) actual damages in the amount of $18,500 and punitive damages in the amount of $6,499. The judgment, after recit ing the trial appearance of Plaintiff and his attorney, further states, “Defendant Calvin Allen, whose pleadings have previously been stricken for failure to respond to discovery, appears not.” The appeal must be dismissed because Defendant’s notice of appeal was untimely filed. 1

Plaintiff filed his petition on December 1, 1994. Summarized, Plaintiffs petition alleged…