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Hunt v. Richmond Cnty. Bd. of Educ.

The trial court erred in granting the order enjoining the plaintiff from taking action to enforce a monetary judgment, which she secured in her breach of contract action against her former employer, since the defendant had ample legal remedies.

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Margaret Hunt brings this appeal from an order of the Superior Court of Richmond County enjoining her from taking action to enforce a money judgment she secured in the Civil Court of Richmond County.1 For the reasons that follow, we reverse.

Hunt, a teacher, sued her former employer, the Richmond County Board of Education “Board” in the Civil Court of Richmond County for breach of contract, seeking $23,165.65 in damages. The parties stipulated to that amount as constituting damages, and, after a bench trial, the Civil Court of Richmond County entered judgment in that amount, plus prejudgment interest accruing from a certain date. Hunt calculated the total due from the Board to satisfy the judgment plus interest and fees to be $26,216.96. The Board prepared two checks, one apparently reflecting the interest and fees, and another one intended to reflect the award, treated as wage income, with various sums withheld to comply with state and federal law as to be reported on a federal Internal Revenue Service “IRS” Form W-2; thus, for this check, the award of $23,165.65 was reduced because of withholding to $15,223.72. Hunt objected to that treatment of the damages award, contending that the second check prepared by the Board should be for the full amount of the damages, and that the payment should be reported for tax purposes using an IRS Form 1099.

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