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Befekadu v. Addis Int'l Money Transfer LLC

The trial court's factual findings supported a material and logical connection between the issues presented at trial and defense counsel's prior representation of plaintiff LLC; accordingly, the trial court did not abuse its discretion in disqualifying defendant's counsel in plaintiff's suit for conversion and breach of fiduciary duty.

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In December 2011, Addis International Money Transfer, LLC Addis and a majority of its members filed suit against Tsega Befekadu, the remaining member, for conversion and breach of fiduciary duty. The case went to trial, and on the first day, the trial court disqualified Befekadu’s counsel and declared a mistrial. Befekadu then proceeded pro se at the second trial, which resulted in the jury finding in favor of Addis on both claims. Befekadu appealed from the final judgment and the disqualification order. In a prior opinion, this Court concluded that the trial court did not apply the correct legal standards when disqualifying Befekadu’s counsel and remanded the case to the trial court for further proceedings. Befekadu v. Addis Intl. Money Transfer, LLC, 332 Ga. App. 103, 106-07 1 c 772 SE2d 785 2015. The case is again before us following the trial court’s determination on remand that Befekadu’s counsel is disqualified. For the reasons that follow, we find no error and affirm.

1. Befekadu asserts that the trial court erred in disqualifying Oldham by misapplying the facts to the legal principles announced by this Court in our prior opinion. The ultimate determination of whether an attorney should be disqualified from representing a client in a judicial proceeding rests in the sound discretion of the trial judge. This Court will not interfere with a trial court’s ruling absent abuse of that discretion. Citation and punctuation omitted. Shuttleworth v. Rankin-Shuttleworth of Georgia, LLC, 328 Ga. App. 593, 594 759 SE2d 873 2014.

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