Ronald Strength filed a defamation action against Brian Lamont Doyle and Rejoice, Inc. The complaint alleges that Doyle is an employee of Rejoice; that Rejoice owns a radio station; and that the station broadcasted slanderous statements made by Doyle about Strength, the sheriff of Richmond County, including statements that he is a murderer and that drug dealers had paid for his membership in a country club. Approximately two weeks later, Strength filed an amendment to his complaint to show that the correct name of the second defendant is Frank Neely, individually and as the alter ego of Rejoice. According to the amendment, Neely had previously been served with the original complaint as the registered agent of Rejoice. More than three months later, Strength filed a motion to compel, alleging that Neely and Doyle had failed to respond to his discovery requests. After a hearing on the motion, the trial court entered an order finding that the defendants had wilfully refused to comply with discovery, striking their responsive pleadings, and placing the case in default. The order also noted that the defendants’ attorney had previously filed a motion to withdraw as counsel, but he withdrew that motion and represented the defendants at the hearing.
About a month later, a bench trial was held on the issue of damages. Thereafter, the trial court entered its final order, noting that defense counsel had made an oral motion to withdraw, but the motion was denied because it failed to comply with the Uniform Superior Court Rules in that it was not made in writing, it was not filed and served as required, and no consent of the clients had been submitted. According to the final order, the attorney did not object to the bench trial proceeding and he participated in the trial. Moreover, the order recites that defense counsel waived various defenses, including any claim that Neely is not the alter ego of Rejoice or that he is not a proper party to the lawsuit. Counsel further acknowledged to the court that Neely, individually and as the alter ego of Rejoice, is a proper defendant in the case.
