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Heath v. Color Imprints USA, Inc.

Court of Appeals of Georgia

November 13, 2014

HEATH
v.
COLOR IMPRINTS USA, INC. et al

Account. Coffee State Court. Before Judge Preston.

Dewey N. Hayes, Jr., for appellant.

Patrick S. Ferris, for appellees.

MILLER, Judge. Doyle, P. J., and Dillard, J., concur.

OPINION

Page 752

Miller, Judge.

Richard P. Heath sued Color Imprints USA, Inc., and Michael and John Saylor (collectively " the Defendants" ) seeking to recover over $25,000 in past due payments for accounting and bookkeeping services that Heath allegedly rendered to Color Imprints d/b/a 1 Stop Creative Promotional Solutions (" Color Imprints" ). The parties filed cross-motions for summary judgment, and the trial court granted the Defendants' motion as to Heath's claim. Heath appeals, contending that the trial court erred in granting summary judgment to the Defendants. For the reasons that follow, we affirm the grant of summary judgment to Michael and John Saylor and reverse the grant of summary judgment to Color Imprints.

Page 753

On appeal from the grant of summary judgment this Court conducts a de novo review of the evidence to determine whether there is a genuine issue of material fact and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.

(Citations and punctuation omitted.) Campbell v. The Landings Assn., 289 Ga. 617, 618 (713 S.E.2d 860) (2011).

So viewed, the limited record before us shows that the Saylors are shareholders and officers of Color Imprints. In January 2008, Heath began performing services for Color Imprints. Heath claimed that he issued invoices to Color Imprints for professional services from February 2008 through December 2009 and Color Imprints paid him $4,200 during this period. The Saylors never entered into a written agreement obligating them to be responsible for any debt of Color Imprints to Heath.

In July 2012, Heath filed a suit on account, initially claiming that the Defendants owed him $41,833.77 for professional services rendered. Heath subsequently amended his complaint, reducing the amount of his suit on account to $25,412.87. The Defendants answered and raised defenses, including fraud, no privity of contract, the [329 Ga.App. 606] Statute of Frauds, and payment of $5,400 in full satisfaction of Heath's claims. The Defendants also counterclaimed for abusive litigation, punitive damages and attorney fees.[1] Without explicitly addressing Heath's motion for summary judgment, the trial court granted summary judgment to the Defendants as to Heath's claim for a suit on account.

1. Heath contends that the trial court erred in granting summary judgment to the Defendants based solely on his failure to file a responsive pleading to the Defendants' motion.[2] We discern no error.

A review of the trial court's order makes clear that the trial court did not automatically grant summary judgment to the Defendants based on Heath's failure to file a response to the Defendants' motion for summary judgment. Rather, the trial court reviewed the pleadings and record and determined that there was no genuine issue of material fact. The trial court correctly noted that Heath, by failing to respond to the Defendants' motion for summary ...


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