Noaha LLC v. Vista Antiques and Person Rugs Inc.

The appellant did not follow the correct procedures for filing a discretionary appeal in a case involving domestication of an out-of-state judgment.

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The parties to this appeal settled a breach of contract action in South Carolina and a dispute ensued about whether the defendants appellants herein breached the settlement agreement. A South Carolina court found that they had, and it entered judgment in favor of the plaintiff appellee herein. The plaintiff then sought to domesticate the judgment in Georgia. Meanwhile, however, the Court of Appeals of South Carolina partially reversed the lower court’s decision, and the lower court entered a revised judgment. Back in Georgia, following a stay pending the South Carolina appeal, the plaintiff domesticated the final judgment of the South Carolina court. The defendants/appellants contend the Georgia court erred by denying two motions they filed in the domestication proceeding. The record shows the following specifics: On April 16, 2008, in the State Court of DeKalb County, Vista Antiques and Persian Rugs, Inc. moved, pursuant to the Uniform Enforcement of Foreign Judgments Law OCGA § 9-12-130 et seq.; hereinafter the “Uniform Law”, to domesticate a judgment issued April 3, 2007 by the Court of Common Pleas for Richland County, South Carolina. The South Carolina judgment provided that Vista was “awarded judgment against Noaha, LLC, Luxomnia Corporation, Gary A. Anglin, Jr., Patrick F. Anglin, and Gary A. Anglin, Sr. collectively Noaha in the amount of $165,000, plus interest from February 2, 2006 to the date of entry of the judgment.”

On June 2, 2008 filed June 11, the Georgia court found that the proper formalities had been met, and it entered an “Order and Final Judgment” that provided the South Carolina judgment be made the judgment of the Georgia court “in the amount of $165,000 Principal, $0 Interest, $0 Attorney Fees together with court costs in the amount of $93.00 and shall have the same effect as a judgment of this Court. . . .” A writ of fieri facias was issued.

Noaha LLC v. Vista Antiques and Person Rugs Inc.

The appellant did not follow the correct procedures for filing a discretionary appeal in a case involving domestication of an out-of-state judgment.

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