Ezeoke v. Fia Card Services, N.A.
320 Ga. App. 73
| Ga. Ct. App. | 2013Background
- FIA sued Ezeoke for $16,855.32 on Account 9498 after nonpayment on a credit card.
- Ezeoke answered pro se and did not deny liability.
- FIA moved for judgment on the pleadings and the trial court granted it.
- Ezeoke appealed contending the pleadings and attached documents do not prove liquidated damages.
- On appeal, the court reviews de novo and requires liquidated damages or a clear calculation method to sustain a judgment on the pleadings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the pleadings and attached documents establish damages with certainty | FIA argues the attached documents prove the amount owed. | Ezeoke contends the documents are not properly incorporated and do not prove liquidated damages. | Judgment on the pleadings is improper; damages are unliquidated and require proof. |
Key Cases Cited
- Melman v. FIA Card Servs., 312 Ga. App. 270 (2011) (damages must be proven or liquidated for judgment on the pleadings)
- Alexander v. Wachovia Bank, Nat. Assn., 305 Ga. App. 641 (2010) (to obtain judgment on the pleadings, damages must be proven or a method shown)
- Travelers Ins. Co. v. Johnson, 118 Ga. App. 616 (1968) (pleading amount of damages is not admitted by failure to deny)
- Taquechel v. Chattahoochee Bank, 260 Ga. 755 (1991) (records relied upon must be attached or clearly identified; otherwise affidavit is insufficient)
- Jackson v. Cavalry Portfolio Svcs., 314 Ga. App. 175 (2012) (billing statement with only minimum due may be insufficient to establish damages)