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Adel v. Parkhurst

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eBook details

  • Title: Adel v. Parkhurst
  • Author : Supreme Court of Wyoming
  • Release Date : January 17, 1984
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 54 KB

Description

In deciding this case we must revisit the essentials of proof of punitive damages, in this instance in the context of a default judgment. We also must answer a question about our jurisdiction to review the judgment in the absence of a motion to set aside the default judgment in accordance with Rule 55(c), W.R.C.P., and a motion for relief from the judgment pursuant to Rule 60(b), W.R.C.P. The district court approved the entry of default made in accordance with Rule 55(a), W.R.C.P., and, after denying a Motion to Vacate Entry of Default, held a hearing on damages which was conducted pursuant to Rule 55(b)(2), W.R.C.P. The court then entered judgment for the plaintiffs (appellees in this court) in which they were awarded actual damages in the amount of $1,514.26 and punitive damages in the amount of $50,000. We affirm the default judgment, modifying the award of liquidated damages, but we reverse the award of punitive damages.


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