Section 6 Sufficiency of Evidence
| Library | Damages 2012 |
Secondly, any award for unliquidated damages must be supported by probative evidence. The fact that
the interlocutory judgment was by default does not excuse
the legal requirement that there be sufficient evidence to sustain the final damage award. Riley v. White, 231 S.W.2d 291, 298 (Mo. App. E.D. 1950). Indeed, “it is error for a default judgment to award damages without ‘probative evidence’ to sustain the award.” Beckmann v. Miceli Homes, Inc., 45 S.W.3d 533, 541 (Mo. App. E.D. 2001).
Failure to present...
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