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Nash v. Studdard

The trial court erred in denying the former attorney's motion to dismiss any breach of contract claims involving the exercise of his professional judgment and skill, since the client did not attach an expert affidavit to the complaint, and correctly denied the motion to dismiss to the extent that the client sought damages for ordinary breach of contract.

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In these consolidated appeals, we must determine whether the trial court properly granted summary judgment in part, and denied it in part, in this case filed by a client, Robert Nash, against his former attorney, James Studdard. Nash fired Studdard less than two months after retaining him and filed a lawsuit seeking a return of the $5,000 retainer he had paid Studdard. The trial court granted summary judgment in Studdard’s favor on Nash’s claims for negligent misrepresentation, fraud, breach of fiduciary duty and punitive damages. Studdard’s motion for summary judgment on Nash’s breach of contract claim and his claim for attorney fees under OCGA § 13-6-11 were denied. For the reasons set forth below, we affirm the trial court’s grant of summary judgment to Studdard on Nash’s claims for fraud, breach of fiduciary duty, and punitive damages. We affirm in part and reverse in part the trial court’s denial of Studdard’s motion to dismiss for failure to comply with OCGA § 9-11-9.1.1 We reverse the trial court’s denial of summary judgment to Studdard on Nash’s claim for attorney fees under OCGA § 13-6-11.

Summary judgment is appropriate when no genuine issues of material fact remain and the moving party is entitled to judgment as a matter of law. Allstate Ins. Co. v. Ackley , 227 Ga. App. 104 488 SE2d 85 1997. We review the grant of summary judgment de novo, construing the evidence and all reasonable inferences favorably to the non-movant. Kennesaw Flooring, Inc. v. Rector , 291 Ga. App. 704 662 SE2d 808 2008.

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