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Bilbo v. Five Star Athlete Management Inc.

The trial court was authorized under O.C.G.A. § 9-11-55 subsection b to open prejudgment default on the plaintiff's petition to confirm an arbitration award and compel arbitration on the issue of allegedly unpaid attorney fees.

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Damarius Bilbo filed a petition to confirm an arbitration award he obtained against Five Star Athlete Management Five Star and to arbitrate the issue of allegedly unpaid attorney fees. Five Star filed an untimely answer and moved to dismiss Bilbo’s petition and to stay arbitration. After Five Star’s ability to open default as a matter of right extinguished, Bilbo moved for a default judgment. Five Star subsequently moved to open the default. Following a hearing, the trial court granted Five Star’s motion to open default, denied Bilbo’s motion for default judgment, and granted Five Star’s motion

to dismiss and stay arbitration. Bilbo appeals, contending that the trial court erred in denying his motion for default judgment and granting Five Star’s motion to open default and in dismissing his petition. For the reasons that follow, we conclude that the trial court was correct in opening the default. The trial court erred in granting Five Star’s motion to dismiss Bilbo’s petition to the extent Bilbo sought to confirm the arbitration award, however, the trial court did not err in granting Five Star’s motion to dismiss to the extent Bilbo sought additional attorney fees because the additional fees were not awarded by the arbitrator. Consequently, we affirm in part and reverse in part.

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