Cox v. Bank of America, N.A.
321 Ga. App. 806
| Ga. Ct. App. | 2013Background
- Cox sued Bank of America to recover amounts he paid after Bank allegedly informed him transfers were fraudulent.
- Bank moved to dismiss for failure to state a claim; trial court granted the motion.
- Cox appealed pro se asserting inadequate discovery, reliance on hearsay, and dismissal of his complaint.
- The Court of Appeals held the brief deficiencies aside and addressed the merits because the record was fairly small and Bank provided sufficient citations.
- Judgment affirmed on all issues; reconsideration denied; opinion issued April 23, 2013, with concurrence from two judges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion on discovery | Cox argues production of documents was warranted | Bank complied with discovery obligations | No clear abuse of discretion; affirm |
| Whether the dismissal was improper and based on hearsay | Cox asserts dismissal relied on hearsay (unsupported by the record) | Record does not affirmatively show hearsay reliance | No error shown; affirmed |
| Whether Cox pleaded a prima facie fraud claim with particularity | Fraud elements alleged but not fully developed | Allegations insufficient to state a prima facie fraud claim | Fraud not pled with particularity; affirmed |
Key Cases Cited
- Norfolk Southern R. Co. v. Hartry, 316 Ga. App. 532 (Ga. App. 2012) (discovery rulings reviewed for clear abuse of discretion)
- Johnson v. Equicredit Corp., 238 Ga. App. 380 (Ga. App. 1999) (trial court error not presumed absent record indication)
- Little v. Fleet Finance, 224 Ga. App. 498 (Ga. App. 1997) (fraud requires five elements and particularity in pleading)