Newnan, GA
Divorce and separation Lawyer at Newnan, GA
Practice Areas: Divorce & Separation, Litigation ... +2 more
OUTCOME: Adjudication upheld by Court
Represent Appellee in regards to the appeal of an adjudication of delinquent as a result of juvenile stabbing and slashing a classmate with an ink pen
OUTCOME: Judgment Reversed
D'Babs Construction, Inc. sued Cascade Fence Company, Inc. for money allegedly owed under a contract. On August 12, 2008, the trial court appointed an auditor pursuant to OCGA § 9-7-1 et seq. and sched ... uled a hearing before the auditor on September 16, 2008 at 9:00 a.m. Notice of the hearing was sent to counsel for both parties. However, it is undisputed that D'Babs Construction failed to appear at the hearing despite the fact that no conflict letter was ever submitted. The auditor and counsel for Cascade Fence Company attempted to contact D'Babs Construction's attorney, and even delayed the hearing approximately two hours, at which point Cascade Fence Company's attorney moved to strike D'Babs Construction's pleadings and enter default judgment on its counterclaim. The motion was taken under advisement and Cascade Fence Company presented its case. On September 19, 2008, the auditor issued its report to the trial court. The report recommended that D'Babs Construction be found in default and that Cascade Fence Company be awarded damages. D'Babs Construction filed its exceptions to the auditor's report on October 6, 2008. However, the trial court issued an order finding that D'Babs Construction "by its willful refusal to attend and participate in the Court-ordered Hearing, has waived its right to file Exceptions to the resulting Report of the Auditor." The court adopted the auditor's report as the order of the court. D'Babs Construction appeals from this order. We are constrained to reverse the trial court's order.
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