Stein
Stein v. York
Opinion
Opinion
Rylaarsdam, J.
—Defendant Michael G. York appeals from a default judgment of $2.65 million entered in favor of plaintiff Ruth Stein. He contends the judgment is void because the complaint failed to state the amount of damages. We agree and reverse. We also deny plaintiff’s motion to dismiss the appeal.
FACTS AND PROCEDURAL HISTORY
Defendant served as plaintiffs attorney in a personal injury action that was dismissed and unsuccessfully appealed. Plaintiff then sued defendant, alleging causes of action for legal malpractice, breach of fiduciary duty, and fraud, seeking “compensatory damages according to proof,” “punitive damages,” “costs of suit” and “such other and further relief as the court deems just and proper.” The complaint did not specify the amount of damages sought. Although defendant did not file an answer, the parties engaged in various pretrial procedures, including the exchange of discovery. One and a half years after the complaint was filed, plaintiff filed a request for entry of default. The dollar amount demanded on the request was “0.00.”
After the court entered the default, counsel for plaintiff offered to set it aside if defendant would agree to file an answer;…