American Factors, Inc. v. Foreign Intrigue, Inc.
American Factors, Inc. v. Foreign Intrigue, Inc.
Opinion of the Court
The defendants have appealed from a judgment of the trial court in favor of the plaintiff in its action for breach of contract.
After a trial to the court, judgment was originally rendered in favor of the defendants on June 24,1982, because the contract was found to be usurious and thus unenforceable. On August 22,1983, the court granted the plaintiffs motion to open that judgment on the ground that the plaintiffs trial counsel
On November 17,1983, the plaintiff again moved to open the judgment of the court, this time for the purpose of finding the amount of damages. That motion was granted, and on August 30, 1984, the court rendered a second supplemental judgment awarding the plaintiff $440,579.
The original appeal of the defendant filed on September 29,1983, failed to contain the required jurisdictional statement, but it is clear from the preliminary statement of issues that the appeal was taken from the first supplemental judgment finding the defendants liable on the contract without assessing damages. “[Wjhere a judgment has been rendered only upon the issue of
The appeal is dismissed.
This action was consolidated with the defendants’ action to enjoin the plaintiff from pursuing its breach of contract claim.
The motion to open was filed on behalf of the plaintiff by new counsel.
This second supplemental judgment also reflected the court’s decision to grant a third motion to open the judgment, filed on March 12,1984, for the sole purpose of correcting a clerical error in the first supplemental judgment.
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