Galanti v. Emerald City Records, Inc.
| Decision Date | 08 February 1978 |
| Docket Number | No. 55150,No. 2,55150,2 |
| Citation | 144 Ga.App. 773,242 S.E.2d 368 |
| Parties | A. R. GALANTI v. EMERALD CITY RECORDS, INC |
| Court | Georgia Court of Appeals |
Robert Galanti, pro se.
Katz, Weissman & Loftis, Donald A. Weissman, Atlanta, for appellee.
Emerald City Records, Inc., brought an action for breach of an agreement to rent space against A. Robert Galanti seeking to recover damages in the amount of $975, being the difference between the rental rate contracted for with Galanti and that contracted for with a new tenant for the unexpired term of the lease ($500), the first month's rent which was not paid less a credit for leasehold improvements ($125), and the out of pocket expense of improvements made by Emerald City Records at Galanti's request. Galanti failed to appear when the case was called for a nonjury trial. The trial court entered an order granting Emerald City's motion to strike the defensive pleadings and granted default judgment against Galanti for $975. Galanti's pro se appeal is from the trial court's denial of his motion to vacate the judgment.
1. It is asserted on appeal that Code Ann. § 81A-155(a) requires the plaintiff in an ex contractu action for unliquidated damages to prove the amount of his damages even where the defendant is in default, and that the trial judge erred in entering judgment without hearing any evidence as to the amount of damages. However, Bartee v. Andrews, 18 Ga. 407(2) (1855); Henry v. Adair Realty Co., 141 Ga.App. 182, 183, 233 S.E.2d 39 (1977).
Here the complaint alleged (1) existence of a contract to lease specified space at $250 a month payable in advance; (2) that Galanti entered into possession and Emerald City Records made improvements in the amount of $350; (3) that Galanti in breach of the express terms of the lease moved out without notice or payment of any rent; (4) loss of $125 of December rent as adjusted for leasehold improvement credit; and (5) loss of rent of $500 due to Emerald City Records' inability to rent the space again immediately at the same rate as it was rented to Galanti. Since all these items are deemed established by Galanti's failure to appear, and the striking of his response, the exact amount due is easily ascertainable by simple mathematical calculation, and the damages are liquidated....
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Roberson v. Gnann, A98A1981.
... ... [Cit.]" Galantialanti v. [235 Ga. App. 117] ... Emeraldalanti v. [235 Ga. App. 117] ... Emerald Cityalanti v. [235 Ga. App. 117] ... Emerald City Records ... ...
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Brannon Enterprises, Inc. v. Deaton, 62031
...240 S.E.2d 603. In this case there could be no bona fide controversy in view of Deaton's default in answer. See Galanti v. Emerald City Records, 144 Ga.App. 773, 242 S.E.2d 368. Deaton unquestionably caused the plaintiff "unnecessary trouble and expense" in forcing the plaintiff to resort t......
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Bonner v. Smith, A97A0424
...by jury. Compare Goss, supra; see also Robertson v. Central Mut. Ins. Co., 165 Ga.App. 167, 299 S.E.2d 894; Galanti v. Emerald City Records, 144 Ga.App. 773, 774(2), 242 S.E.2d 368. This holding is consistent with the well-established appellate rule that on appeal a party cannot complain of......
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Stinson v. Georgia Dept. of Human Resources Credit Union
...of law are required by OCGA § 9-11-52. Jones v. Christian, 165 Ga.App. 165(1) 300 S.E.2d 1 (1983); Galanti v. Emerald City Records, 144 Ga.App. 773(3) 242 S.E.2d 368 (1978). 2. Appellant next complains that the trial court erred in awarding appellee an unliquidated sum as a liquidated amoun......