Hooker v. Roberson, 316 Ga. App. 345

Hooker obtained a default judgment against Korey Roberson, Big Oomp Records, Inc., and Top Quality Productions, Inc. for breach of contract, quantum meruit, and fraud.
A bench trial on damages occurred after the default; the trial court entered final judgment for the defendants, finding Hooker had no evidence of liability.
Hooker appealed, challenging the court’s treatment of liability and damages, including nominal damages.
The appellate court held the trial court erred in treating liability as not proven despite the default admissions.
The court also held the trial court erred by failing to consider nominal damages under OCGA § 13-6-6 and remanded for determination of nominal damages or other proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence on liability was improperly admitted after default.	Hooker	Roberson et al.	Error: liability admitted by default; evidence on liability improper
Whether Hooker is entitled to damages or nominal damages.	Hooker	Roberson et al.	Nominal damages may be recoverable; remand to determine entitlement
Whether the case should be remanded for nominal damages determination.	Hooker	Roberson et al.	Remand required to determine nominal damages or proceed consistently with this opinion

Cohran v. Carlin, 254 Ga. 580 (1985) (default admits liability, damages only contested)
Northpoint Group Holdings v. Morris, 300 Ga. App. 491 (2009) (default admission of liability controlling)
Grand v. Hope, 274 Ga. App. 626 (2005) (default judgment and damages considerations)
Flanders v. Hill Aircraft & Leasing Corp., 137 Ga. App. 286 (1976) (error to dispute matter admitted by default; nominal damages context)
Bishop v. Intl. Paper Co., 174 Ga. App. 863 (1985) (nominal damages consideration in breach cases)
Corrosion Control v. William Armstrong Smith Co., 157 Ga. App. 291 (1981) (distinguishes when nominal damages may be awarded when breach exists but no proof of breach)