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Fisher Phillips LLP v. Amerex Envtl. Techs. Inc.

The trial court erred in sua sponte dismissing a law firm's action seeking to recover more than $129K in unpaid invoices for legal services, as the firm was not required to verify the complaint and the complaint clearly set forth sufficient allegations to state a claim on an open account.

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Fisher Phillips, LLP hereinafter “FP” sued Amerex Environmental Technologies, Inc., its President, Joseph Pircon, and its registered agent, Brian McMahon collectively “the Defendants” seeking to recover more than $129,000 in unpaid invoices for legal services that FP allegedly provided to the defendants. The case went into default when the Defendants failed to file a response. FP moved for a default judgment.1 The trial court denied FP’s motion and dismissed the case sua sponte, without a hearing, for failure to state a claim on an open account. FP appeals, contending that the trial court erred in dismissing its complaint. For the reasons that follow, we reverse.

When, as here, a question of law is at issue we owe no deference to the trial court’s ruling and apply a de novo standard of review. See Artson, LLC v. Hudson, 322 Ga. App. 859, 860 747 SE2d 68 2013.

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