Williams v. Willis
340 Ga. App. 740
| Ga. Ct. App. | 2017Background
- Willis (South Carolina resident) sued Williams (Georgia resident) in DeKalb County, Georgia in 1990 for fraud, negligent misrepresentation, and related claims arising from an Atlanta real estate limited partnership; Williams answered in 1991.
- Willis later sued Williams in South Carolina in January 1992 on substantially the same claims; the South Carolina court entered judgment for Willis in November 1993.
- DeKalb State Court held a bench trial and entered a Georgia judgment for Willis on July 5, 1994, awarding over $1 million (including punitive damages).
- Willis domesticated the Georgia judgment in Illinois in 2015; in response Williams filed an emergency motion to set aside the Georgia judgment, arguing it was void as duplicative of the South Carolina judgment.
- The Georgia trial court denied Williams’s emergency motion; Williams appealed claiming the Georgia judgment was void under OCGA § 9-12-16.
Issues
| Issue | Plaintiff's Argument (Willis) | Defendant's Argument (Williams) | Held |
|---|---|---|---|
| Whether the Georgia judgment is void under OCGA § 9-12-16 because it duplicates the South Carolina judgment | The Georgia judgment is valid and enforceable | The Georgia judgment is duplicative of the earlier South Carolina judgment and therefore void as a nullity | The Georgia judgment is not void; it was entered by a court with jurisdiction and is therefore merely voidable |
| Whether OCGA § 9-12-16 applies when an out‑of‑state judgment exists | N/A (Willis argued Georgia judgment stands) | The prior South Carolina judgment should preclude a second inconsistent judgment and render the later Georgia judgment void | OCGA § 9-12-16 does not apply absent a facial jurisdictional defect or prior domestication in Georgia; duplicative Georgia judgment is not automatically void |
| Whether Williams may attack the Georgia judgment outside the three‑year period under OCGA § 9‑11‑60 | N/A | The Georgia judgment should be set aside now despite delay because it duplicates the South Carolina judgment | Because the Georgia judgment was not void, Williams’ attack was subject to the three‑year limitation; he failed to timely move and is bound by the judgment |
| Effect of domestication of the South Carolina judgment in Georgia (or lack thereof) | N/A | The South Carolina judgment’s existence makes the later Georgia judgment a nullity even without domestication | No evidence South Carolina judgment was domesticated in Georgia; absence of domestication distinguishes this case from those holding later duplicative judgments void |
Key Cases Cited
- Kothari v. Tessfaye, 318 Ga. App. 289 (explains void vs. voidable judgment distinction)
- Artson, LLC v. Hudson, 322 Ga. App. 859 (standard of review for voidness is de novo)
- De La Reza v. Osprey Capital, 287 Ga. App. 196 (judgments not void absent facial jurisdictional defect; non‑jurisdictional challenges must be raised within three years)
- State Auto Mut. Ins. Co. v. Relocation & Corporate Housing Svcs., 287 Ga. App. 575 (same principle that non‑jurisdictional defects render judgments voidable)
- Arrowhead Alternator v. CIT Communications Finance Corp., 268 Ga. App. 464 (duplicative Georgia judgment held void where out‑of‑state judgment had been domesticated in Georgia)