Defendant's Attorney:

Description: Atlanta, Georgia civil litigation lawyers represented the parties in a breach of contract action.

Rick Harris sued Wilson Tomala d/b/a Paul Davis Restoration, Inc. ("Tomala") for performing defective repairs on Harris's home, bringing claims for breach of contract and attorney fees pursuant to OCGA § 13-6-11. Tomala failed to file a timely answer, and the trial court entered a default judgment. After a bench trial on the issue of damages, the trial court awarded damages and attorney fees against him. Tomala appeals from the award, contending the trial court erred by considering allegations of fact in the complaint that were not well-pled; precluding him from presenting contractual defenses and other evidence showing he was not liable for the
breach; and awarding attorney fees where the underlying claim failed. For the reasons set forth below, we reverse the trial court's judgment.

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CIVIL PROCEDURE. DEFAULT JUDGMENT. The case examines whether a trial court erroneously concluded that a default judgment admitted allegations constituting a breach of contract when the attached contract did not support that the defendant was a party to the contract.

CONTRACT LAW. CONTRACTUAL PARTIES. The court addressed whether allegations of contract existence and breach were well-pled when the incorporated contract did not list the defendant as a party, influencing the defendant's liability.

ATTORNEY FEES. DERIVATIVE CLAIM. The judgment discusses the inappropriateness of awarding attorney fees pursuant to OCGA § 13-6-11 when the underlying breach of contract claim failed against the defendant.

Key Phrases Breach of contract. Default judgment. Attorney fees. Contractual defenses. Admitted allegations.

Outcome: Reversed

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Defendant's Experts:

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