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Stubbs v. Pickle

A legal services corporation was not required to answer the plaintiff's amended complaint adding it as a defendant, absent a court order requiring a responsive pleading.

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Brandon Pickle sued M. Francis Stubbs “Stubbs” and Stubbs & Associates Legal Services, P.C. “SALS” for legal malpractice and other claims. The trial court subsequently entered default judgment against SALS, and we granted SALS’s request for interlocutory appeal to challenge that ruling. Stubbs joined in SALS’s appeal, arguing that the trial court erred in striking his brief filed in response to Pickle’s motion for summary judgment. For reasons that follow, we reverse the entry of default judgment against SALS, but we lack jurisdiction to review the order to strike Stubbs’s brief. 1. The record shows that Pickle initially brought suit against Stubbs individually, alleging claims for legal malpractice, breach of contract, fraud, and “conflict of interest.” With leave of court, Pickle amended his complaint to add SALS as a defendant. The trial court directed that SALS be served with the complaint and all pleadings, but it did not order SALS to file an answer.

Several months later, the trial court determined that SALS was in default for failing to answer the amended complaint and expressly directed the entry of final judgment against the corporation. We granted SALS’s request for interlocutory appeal, noting that the default judgment was, in fact, directly appealable under OCGA § 9-11-54 b and OCGA § 5-6-34 a 1. See Cryomedics, Inc. v. Smith , 180 Ga. App. 336, 338 349 SE2d 223 1986.

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