Strickland v. Leake
311 Ga. App. 298
| Ga. Ct. App. | 2011Background
- Leake, pro se, filed a small-claims complaint on September 8, 2008 naming Jacobazzi and Strickland as defendants.
- The original summons listed Jacobazzi; Strickland’s address appeared in the body of the complaint but he was not named in the caption.
- Jacobazzi defaulted at trial; the court later set aside the judgment after he claimed no notice of trial.
- Leake filed an identical complaint on December 12, 2008, duplicating the suit and naming Strickland; Strickland was served on December 17, 2008.
- A writ of fieri facias issued February 3, 2009 against Strickland for $15,000; Strickland moved to set aside, arguing improper addition of a party under OCGA § 9-11-21.
- After various proceedings, the trial court entered a June 7, 2010 order finding estoppel and issuing a judgment against Strickland for $15,000, which this Court later found not final due to Jacobazzi remaining a nominal party.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Strickland properly a party to the suit? | Strickland was named in the September 8 claim, and the December 12 filing was not a true amendment adding a new party. | Leake failed to file a motion to add Strickland as a party under OCGA § 9-11-21; thus no party relation existed. | Yes; Strickland was a party, and service on him was proper; court erred in treating December 12 filing as an amendment requiring leave. |
| Whether a default judgment for unliquidated damages requires proof of damages at an evidentiary hearing. | Damages were unliquidated; evidence of damages is needed to sustain a default judgment. | Damages were liquidated by the complaint to $15,000 and could be entered without separate proof. | Default judgment for unliquidated damages requires evidence; reversal of $15,000 judgment. |
Key Cases Cited
- Heath v. Beech, 300 Ga.App. 756 (2009) (abuse of discretion standard for default judgments)
- GMC Group v. Harsco Corp., 304 Ga.App. 182 (2010) (plain legal error standard when only issue is law in default appeal)
- Hazlett & Hancock Constr. Co. v. Virgil Womack Constr. Co., 181 Ga.App. 25 (1986) (unliquidated damages require damages evidence in default)
- Dyer v. Paffenroth, 197 Ga.App. 888 (1990) (service timing rules; five-day service not invalidating later service)
- Flateau v. Reinhardt, Whitley & Wilmot, 220 Ga.App. 188 (1996) (summons and amendments; effect on service)
- White v. Johnson, 151 Ga.App. 345 (1979) (waiver of defective service when not raised timely)
- McReynolds v. Krebs, 307 Ga.App. 330 (2010) (filings admissions do not bind damages; later clarify)