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Jacques v. Murray

The trial court did not abuse its discretion in striking defendant's answer based on his failure to appear at the scheduled trial.

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In this civil action, defendant Steven Jacques appeals an order denying his motion to set aside a default judgment and a separate order denying his motion to apportion costs of the record on appeal, arguing that the trial court erred in striking his answer for failure to appear at trial and in not apportioning some of the costs of the appellate record to plaintiff. For the reasons set forth below, we affirm. The record shows that in July 2003, Mozell Murray filed suit against Jacques in Richmond County, alleging breach of contract, fraud, and violations of federal law. On February 7, 2005, the case was called for trial; however, Jacques failed to appear. Consequently, Murray moved the trial court to strike Jacques’s answer, which the court did in an order dated February 8, 2005. In that order, the trial court further ruled that all of Murray’s allegations were deemed admitted and scheduled a trial on the issue of damages. When the case was called for trial the week of November 7, 2005, Jacques appeared and requested a continuance. At that time, he also agreed to waive his right to a jury trial on damages and instead have the trial court resolve the issue in a bench trial.

On December 27, 2005, Jacques filed a motion to dismiss Murray’s complaint on the ground that it did not allege proper venue. On that same date, he also i filed a motion to vacate the court’s order that struck his answer and ii filed a demand for a jury trial. The case was called for trial on the issue of damages on January 5, 2006, at which time the trial court denied Jacques’s motion to vacate and also denied his demand for a jury trial based on his earlier waiver. The bench trial proceeded, and at its conclusion, the trial court awarded Murray over $11,000 in damages.

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