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Old Nat'l Villages LLC v. Lenox Pines LLC

The trial court did not abuse its discretion in refusing to set aside a consent judgment on the grounds that the defendant's sole member did not receive notice of the suit or approve the judgment, since the defendant's general manager had broad authority under the company's operating agreement to ' "to manage, control, administer, and operate the business and affairs of the company." '

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In this discretionary appeal, Old National Villages, LLC, “Old National” appeals from the trial court’s order denying its motion to set aside a consent judgment. Old National argues that the trial court should have exercised its broad discretion to set aside a judgment within the same term of court, because Old National’s sole member did not receive notice of the complaint or approve the consent judgment. Because Old National’s operating agreement gave the general manager authority to enter into the consent judgment, we affirm. A “trial court has wide discretion to vacate, set aside, or modify a judgment rendered by it within the same term of court.”1 Citation omitted. Powell v. Darby Bank & Trust Co. , 163 Ga. App. 524, 525 2 295 SE2d 222 1982. In the absence of a clear abuse of discretion, however, this court will not reverse a trial court’s refusal to set aside a judgment. Id.

The record in this case shows that Lenox Pines, LLC, “Lenox Pines” sued Old National to collect money owed on a loan and pursuant to a partnership agreement. Lenox Pines is a limited liability company set up as the investment entity for a trust established by the will of Dorsey Smith. David Smith, Dorsey Smith’s son, and James Cline, Esquire, are co-trustees for this trust. David Smith is the managing member of Lenox Pines.

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