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Brougham Casket & Vault Co. LLC v. DeLoach

The plaintiff was entitled to judgment as a matter of law in his suit on an open commercial account when a registered agent of the defendant, who was not an attorney, signed and served the defendant's responses to the plaintiff's requests for admission.

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In this suit on an open commercial account, the registered agent of Defendant Brougham Casket & Vault Company, LLC “Brougham”, who was not an attorney, signed and served Brougham’s responses to the plaintiff’s requests for admission. Concluding that Brougham could only be represented in the litigation by an attorney, the trial court ruled that the responses were defective and struck them. The trial court further ruled that the plaintiff’s requests for admission were deemed admitted by Brougham by operation of law; that Brougham had failed to properly seek to withdraw or amend the admissions; and that, as a result of the admissions, the plaintiff was entitled to judgment as a matter of law on his open account claim. On appeal, Brougham challenges the trial court’s grant of judgment as a matter of law to the plaintiff, and for the reasons discussed below, we affirm.

The record reflects that William W. DeLoach filed this suit on an open commercial account against Brougham, alleging that Brougham was indebted to him in the principal amount of $50,834.72 based on a series of loans that it had failed to repay. DeLoach thereafter served several requests for admission on Brougham that covered the substantive allegations of his complaint. Brougham’s responses to the requests for admission were signed and served on DeLoach by its registered agent, who was not an attorney.

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