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Cox v. Mayan Lagoon Estates Ltd.; Cox v. Constantino

A proposed settlement was admissible for the limited purpose of showing whether the individual defendant was the agent of two corporate defendants.

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Jewell “Judy” D. Cox sued Frank L. Constantino, Mayan Lagoon Estates, Ltd, “Mayan”, Placencia Land and Development, Inc. “Placencia”, and others,1 for fraud, violation of the Georgia Securities Act of 1973, punitive damages, and attorney fees, among other claims, and upon Constantino’s conviction for violation of the Georgia Racketeer Influenced and Corrupt Organization Act “RICO”, § OCGA § 16-14-1 et seq., amended her complaint to assert a civil RICO claim. In Case No. A12A1062, Cox appeals the trial court’s order granting Mayan’s and Placencia’s motion to dismiss. In Case No. A12A1063, Cox appeals from the trial court’s denial of her motion for partial summary judgment. For the reasons set forth below, we reverse in Case No. A12A1062 and remand that case for further proceedings, and we affirm in part and reverse in part in Case No. A12A1063.

Case No. A12A10621. Mayan and Placencia moved to dismiss Cox’s claims against them because, they argued, the trial court lacked personal jurisdiction and they were never served with the summons and complaint. They supported their motion to dismiss with the affidavits of Constantino and of Madeleine Lamont, a Director of Mayan and Placencia. Cox moved to strike these affidavits. Cox also attached to her motion to strike a copy of a proposed settlement agreement that Constantino’s attorney had e-mailed to Cox’s attorney. Mayan and Placencia moved to strike the e-mail and the proposed settlement agreement.

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