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00-2532 Brandon Apparel Group Inc. v. Pearson Properties Ltd., et al.

By: dmc-admin//July 16, 2001//

00-2532 Brandon Apparel Group Inc. v. Pearson Properties Ltd., et al.

By: dmc-admin//July 16, 2001//

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Eric Lefkofsky appeals the circuit court’s decision to grant default judgment in favor of Clyde Pearson because Lefkofsky engaged in bad-faith discovery practices, including failing to appear for a court-ordered deposition four weeks before a scheduled trial. He argues that the circuit court erred by (1) finding that his conduct was in bad faith and without a clear and justifiable excuse; (2) awarding default judgment to Pearson; and (3) failing to conduct a separate hearing to determine the amount of damages. We conclude that: (1) the circuit court’s findings that Lefkofsky’s conduct was in bad faith and without a clear and justifiable excuse are not clearly erroneous; (2) Lefkofsky’s conduct hampered the ability of the court to promote the orderly processing of the case, which provided a sound basis for the circuit court to exercise its discretion by granting default judgment; and (3) Lefkofsky did not request a hearing or attempt to submit proof to contest the amount of the judgment, thereby waiving any argument that judgment for a lesser amount should have been entered.

Accordingly, we affirm the judgment of the circuit court.

Not recommended for publication in the official reports.

Dist IV, Columbia County, Miller, J., Roggensack, J.

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