Roberts v. First Ga. Cmty. Bank
Decision Date | 04 November 2015 |
Docket Number | A15A1101.,Nos. A15A1100,s. A15A1100 |
Citation | 335 Ga.App. 228,779 S.E.2d 113 |
Parties | ROBERTS et al. v. FIRST GEORGIA COMMUNITY BANK et al. |
Court | Georgia Court of Appeals |
Roberts Law, Grady A. Roberts III, Atlanta, for appellants.
Tucker Davis Law, Dana Tucker Davis, for appellee.
First Georgia Community Bank ("First Georgia") filed in the Superior Court of Butts County a complaint on contract for deficiency judgment, naming as defendants Metropolitan Home Builders, Inc. ("MHB"), Grady A. Roberts, III, Individually ("Roberts"), and Sandra A. Murray, a/k/a Sandra M. Roberts, Individually ("Murray"). In Case No. A15A1100, Roberts and Murray appeal from an order of contempt. In Case No. A15A1101, Roberts and Murray appeal from an order granting a motion they had filed for a supersedeas bond. Because the appellants failed to object below about the specific issues they assert on appeal, and the issues were neither raised nor ruled on by the trial court, we affirm the judgments from which the appellants appeal.
The appellate record shows the following. In April 2010 and November 2008, service of process was perfected as to Roberts and MHB, respectively. After MHB was served, it filed an answer, defenses, and counterclaim1 ; Roberts did not. On May 17, 2013, First Georgia filed a motion for default judgment against Roberts. On June 12, 2013, service of process was perfected as to Murray. On July 8, 2013, the trial court granted First Georgia's motion for default judgment against Roberts.
On October 22, 2014, relying on OCGA §§ 9–11–372 and 9–11–69,3 First Georgia filed a motion to compel and for sanctions (and a supporting brief), requesting the trial court to issue an order compelling Roberts and Murray to comply with post-judgment discovery and imposing sanctions for their refusal to appear for noticed depositions and to produce documents listed in a subpoena that had been served upon them. The appellate record does not reflect that either Roberts or Murray responded to First Georgia's motion to compel and for sanctions. On November 12, 2014, the trial court entered an order granting First Georgia's motion to compel and for sanctions. Appellants voiced no objection, and the appellate record does not reflect that either appellant complained that they had not received notice of the motion or of the court's order thereon.
On January 7, 2015, the trial court entered an order finding Roberts and Murray in contempt of court for failure to comply with the order entered on November 12, 2014. In the January 7, 2015 order, Roberts and Murray were ordered to be confined for a period of 20 days, or until they purged themselves of contempt by paying the amount they had been ordered to pay in the November 12, 2014 order and by scheduling their respective depositions.
1. Roberts and Murray timely filed a notice of appeal from the January 7, 2015 contempt order, giving rise to Case No. A15A1100. In their sole enumerated error, Roberts and Murray contend that "[i]t was clearly erroneous for the trial Court to grant the Motion to Compel and Sanctions when there was no final judgment pursuant to OCGA § 9–11–54[4 ]." Roberts and Murray further assert in their appeal brief that the trial court erred in granting the motion to compel and for sanctions when there was no final judgment pursuant to OCGA § 9–11–58(b).5 However, Appellants failed to raise these issues below; they did not appear for a noticed hearing; they filed no brief in response to First Georgia's motion to compel and for sanctions which was filed more than a year after they both had been served with process in the case; they did not otherwise object in any manner to either the motion or to the trial court's judgment thereon; and they made no issue below, nor do they on appeal, as to whether they had received notice of the motion and order.
Appellants failed to object below about the order to compel and for sanctions, and "thus did not give the trial court opportunity to correct the alleged error."8 A party 9 Consequently, in this case the appellants' failure to object and preserve the issue for appellate review deprives the appellants of the right to complain on appeal.10 The claims of error on appeal were neither raised nor ruled on below, and there is nothing for us to review.11
2. After Roberts and Murray filed their notice of appeal giving rise to Case No. A15A1100, the trial court entered on January 29, 2015, an order granting a motion they had filed for a supersedeas bond. Roberts and Murray timely filed a notice of appeal from the January 29, 2015 order granting a supersedeas bond, giving rise to Case No. A15A1101. Their appeal brief is identical to the appeal brief filed in Case No. A15A1100; the same error is enumerated on appeal, and the same assertions are made. As determined above,12 there is nothing for us to review regarding the claims of error raised on appeal.13
Judgments affirmed.
1 The appellate record reflects that Roberts, as "CEO", signed loan agreements on behalf of MHB.
2 OCGA § 9–11–37 ( ).
3 OCGA § 9–11–69 ( ).
4 OCGA § 9–11–54(b) pertinently provides: See Stasco Mechanical Contractors v. Williamson, 157 Ga.App. 545, 546, 278 S.E.2d 127 (1981) (...
To continue reading
Request your trial-
Graybill v. Attaway Constr. & Assocs., LLC, A17A0608
...stand his ground. Acquiescence deprives him of the right to complain further." (Footnote omitted.) Roberts v. First Ga. Community Bank , 335 Ga. App. 228, 230 (1), 779 S.E.2d 113 (2015). See also Davis v. Phoebe Putney Health Systems , 280 Ga. App. 505, 506-507 (1), 634 S.E.2d 452 (2006) ("......
- Fitzpatrick v. Hyatt Corp.
- Watson v. State
-
Arnold v. Liggins
... ... court." (Citation omitted). Roberts v. First Ga ... Community Bank , 335 Ga.App. 228, 230 (1) (779 ... ...
-
Torts
...S.E.2d 880 (1976), and Herschel McDaniel Funeral Home v. Hines, 124 Ga. App. 47, 183 S.E.2d 7 (1971). Fitzpatrick, 335 Ga. App. at 207, 779 S.E.2d at 113. Judge McFadden wrote for the panel, joined by Judges Ellington and Dillard. Id. at 203, 207, 779 S.E.2d at 111, 113.60. See Riggs v. Hig......