HOWARD v. FOUNTAIN

No. 86-CA-2794-S.

749 S.W.2d 690 (1988)

Dr. Harold HOWARD, Appellant, v. Jacob FOUNTAIN and Charmaine Fountain, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court May 31, 1988.


Attorney(s) appearing for the Case

Larry D. Beale, Louisville, for appellant.

Marc A. Yussman, Lisa Yussman Wall, Louisville, for appellees.

Before CLAYTON, DYCHE and McDONALD, JJ.


CLAYTON, Judge.

Harold Howard, D.M.D., appeals from a denial by the Jefferson Circuit Court of his motions to vacate a default judgment on the issue of liability and a subsequent judgment assessing damages. While we find no abuse of discretion by the trial court in denying the motion to vacate the default judgment on the issue of liability, we believe that the trial court erred in failing to notify Dr. Howard of the hearing for assessment of damages when he had entered...

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