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Olagbegi v. Hutto

The plaintiff failed to meet his burden of presenting any competent evidence to show the amount of 401K retirement funds that he allegedly withdrew and applied towards his $158K obligation on the parties' stock purchase agreement.

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The defendants/appellants, Martin Olagbegi and Nile, Inc. collectively, “Olagbegi”, appeal from the trial court’s award of damages to the plaintiff/appellee, Daniel Hutto, in this breach of contract case.1 Olagbegi contends that the trial court abused its discretion in permitting Hutto’s attorney to represent him at trial and erred in awarding Hutto $67,749.55 in consequential damages. For the following reasons, we affirm the court’s judgment in part and reverse in part.

1. Olagbegi contends that the trial court abused its discretion in permitting an attorney, who is admitted to practice law in South Carolina but not in Georgia, to appear pro hac vice and be the sole attorney for Hutto at trial.2 In support of this contention, Olagbegi argues that the attorney failed to submit a complete, verified application to appear pro hac vice and timely pay a required filing fee and that, because the application was incomplete, the attorney could not represent Hutto at trial without being accompanied by an active member of the State Bar of Georgia.

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