Corey Hooker obtained a default judgment against Korey Roberson, Big Oomp Records, Inc., and Top Quality Productions, Inc., in his action for breach of contract, quantum meruit and fraud. After a bench trial on damages, however, the trial court entered an order of final judgment in the defendants’ favor in which it held, inter alia, that Hooker had presented no evidence demonstrating the defendants’ liability on any of his asserted causes of action. The court denied Hooker’s motion for new trial, and he appeals. We find that the trial court erred in concluding that Hooker had not demonstrated the defendants’ liability in light of the earlier default judgment entered against them. We further find that the court erred in failing to consider, in its role as factfinder, whether Hooker was entitled to nominal damages for the breach of contract. Accordingly, we reverse and remand for further proceedings not inconsistent with this opinion.
1. Hooker argues that the trial court improperly admitted evidence on the issue of the defendants’ liability, notwithstanding that, because of the default judgment, their liability was no longer at issue. The defendants respond that the evidence was relevant to the issue of damages. From the trial court’s order, however, it is clear that the court considered whether Hooker had proved liability and held that he had not. This holding constituted error, because, through their default, the defendants admitted each and every well-pled material factual allegation of Hooker’s complaint, except as to the amount of damages alleged. Cohran v. Carlin, 254 Ga. 580, 585 3 331 SE2d 523 1985; Northpoint Group Holdings v. Morris, 300 Ga. App. 491, 495 2 685 SE2d 436 2009; Grand v. Hope, 274 Ga. App. 626, 629-630 1 617 SE2d 593 2005. See also Flanders v. Hill Aircraft & Leasing Corp., 137 Ga. App. 286, 289 223 SE2d 482 1976 holding it was error for trial court to allow defendant to dispute that which it had admitted through default, or, given the defendant’s default, to require plaintiff to prove by a preponderance of the evidence elements of its claims against the defendant, other than damages. Hooker was not required at the bench trial to present any evidence that the contract was breached, but only was required to establish the amount of his damages. OCGA § 9-11-55 a.
