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STONE v. McCONKEY

No. 98-CV-686.

761 A.2d 276 (2000)

Hallie STONE, Appellant, v. Leon McCONKEY, Appellee.

District of Columbia Court of Appeals.

Decided November 2, 2000.

Attorney(s) appearing for the Case

Hallie Stone, appellant, filed a brief pro se.

No brief was filed on behalf of appellee.

Before TERRY, STEADMAN and GLICKMAN, Associate Judges.

GLICKMAN, Associate Judge:

At the conclusion of a hearing on damages which followed the entry of a default, the trial court awarded judgment to the defaulting party on the ground that the claims asserted in the complaint were precluded by the doctrine of res judicata. We hold that in a post-default hearing to establish damages, the affirmative defense of res judicata — like other defenses to liability — is not available for assertion. We therefore vacate...

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