Stanhiser

Plaintiff, David Robert Johnson, appeals from the judgment made by the trial court following an entry of default against defendant Gary Stanhiser. The trial court found that plaintiff had failed to produce sufficient evidence to prove actual damages at a default prove-up hearing.

Procedural Background and Facts

On July 31, 1996, plaintiff initiated this action against Gary Stanhiser (herein Stanhiser) alleging breach of contract, accounting, breach of fiduciary duty, fraud, conversion, and negligence. According to the complaint, Stanhiser undertook to manage plaintiff’s assets and investments. However, after gaining control of several millions of dollars of plaintiff’s assets, Stanhiser refused to account for or provide plaintiff with the profits or information on the status of any investments.

Having failed to answer the complaint, Stanhiser’s default was taken on January 22, 1997. On July 25, 1997, the trial court conducted a prove-up hearing and heard the testimony of plaintiff and his counsel. The court decided to take the matter under submission and allowed plaintiff to file a supplemental statement under oath to further illustrate the wide array of damages that…