Woods v. Hall
315 Ga. App. 93
| Ga. Ct. App. | 2012Background
- Woods, pro se, sues Hall and unknown defendants alleging malicious prosecution based on Hall's simple battery charge against Woods.
- Dog-incident dispute between Woods and Hall led to Hall obtaining an arrest warrant for Woods; Woods pleaded guilty to a related misdemeanor with a probated sentence.
- A February 2002 altercation led to another arrest warrant for Woods in April 2002; Woods bonded, counsel filed motions including a demand for jury trial.
- Case languished; in 2006 defense counsel moved to dismiss in light of probation; in 2007 the State moved for and the court accepted entry of nolle prosequi.
- Woods sued in Glynn/Liberty County courts in 2008–2010; Hall moved for summary judgment; the court sanctioned Woods for adding Hall's counsel as a party without permission and granted summary judgment.
- Appellate court vacates the summary judgment due to evidentiary consideration error and vacates the attorney-fee sanction, remanding for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the affidavit should have been considered | Woods argues the affidavit was timely under 9-11-56(c). | Hall asserts the affidavit was untimely under Rule 6.2. | Trial court erred; vacate summary judgment and remand. |
| Whether the attorney-fee sanction was proper | Woods challenges the basis for fees and lack of explicit statutory grounds. | Hall contends sanctions were warranted for abusive litigation. | Award vacated and case remanded for explicit findings and statutory basis. |
| Whether remaining claims were properly preserved or abandoned | Woods argues merits should be reached despite procedural issues. | Hall contends procedural failures justify limiting review. | Claims deemed abandoned for Rule 25(c)(2) noncompliance; meritorious review proceeding limited. |
Key Cases Cited
- Ward v. Ward, 289 Ga. 250 (2011) (implied standards for legal assertions and appellate review)
- Ga. Dep't of Transp. v. Douglas Asphalt Co., 295 Ga.App. 421 (2009) (requirements for specific findings in attorney fees awards)
- An v. Active Pest Control S., Inc., 313 Ga.App. 110 (2011) (timeliness and consideration of opposing affidavits)
- Bell v. Norfolk S. R.R. Co., 222 Ga.App. 788 (1996) (timeliness of affidavits opposing summary judgment)
- Valdosta Hotel Props., LLC v. White, 278 Ga.App. 206 (2006) (amendment rules for adding parties to actions)
- Guilford v. Marriott Internat'l, Inc., 296 Ga.App. 503 (2009) (abandonment and citation adequacy on appeal)