Blincoe v. Blincoe
Defendant Christopher Blincoe appeals from a default judgment entered after the trial court granted terminating sanctions striking his answer as a result of his failure to respond to discovery. Defendants argument centers around two issues: (1) the willfulness of his conduct (or lack thereof), and (2) the courts abuse of discretion in granting the sanctions. As to the first issue we shall conclude the trial court was not required to make an express finding of willfulness and the record contains substantial evidence that defendants conduct in avoiding discovery was willful. As to the second issue we shall conclude the trial court did not abuse its discretion in imposing terminating sanctions in this instance.
Defendant also purports to appeal from the trial courts award of attorney fees to plaintiff in the amount of $142,151.50. However, the attorney fees were contained in a post-judgment order from which defendant failed to appeal. Accordingly, Court have no jurisdiction to consider the matter of attorney fees.
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