01-3372 Tridle, A minor v. Horn

By: dmc-admin//August 5, 2002//

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Because Midwest did not file a cross-claim against Horn, there exists no claim upon which Midwest could file a motion for default judgment in its favor and against Horn.

“It follows that the failure to aver a claim for relief at all is fatal to a motion for default judgment. The trial court cannot enter a default judgment upon a nonexistent complaint. Thus, because Midwest did not file a cross-claim against Horn, the default judgment entered on Midwest’s motion is void. For the same reason, the order to strike Horn’s answer to the Tridles’ complaint is void.”

We uphold the trial court’s award of deposition costs to Midwest as within the court’s discretion.

The judgment is otherwise reversed.

Recommended for publication in the official reports.

Dist II, Racine County, Vuvunas, J., Anderson, J.

Attorneys:

For Appellant: Thomas G. Kreul, New Berlin

For Respondent: Douglas W. Lehrer, Hartford; Michael P. Maxwell, Hartford

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