Crane v. Cheeley

Attorneys' fees awarded to a party under O.C.G.A. § 9-15-14 g are treated as court costs with regard to the filing of any subsequent action and payment of such costs is a condition precedent to filing a subsequent action against that party.

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It appears that in 2002, appellant-plaintiff Eugene Crane “Crane” twice filed suit in the Superior Court of Gwinnett County against appellee-defendant Joseph E. Cheely, Jr. and his agents, defendants Kathy Poteat, David Poteat, and Primary Mortgage, such lawsuits given Civil Action File Nos. 02-A-11897-3 and 02-A-10270-3. Crane sought damages and the costs of litigation arising out of an alleged promise of a life estate in a Gwinnett County property located in Duluth, Georgia, an interest in the property which Crane was to share with his grandson, Matthew Crane.1 On January 16, 2003, the superior court entered its order granting defendant Cheeley’s motion to dismiss in Civil Action File No. 02-A-11897-3, and, on May 16, 2003, the superior court granted defendant Cheeley summary judgment in Civil Action File No. 02-A-10270-3. Thereafter, the superior court awarded Cheeley his attorney fees in both actions under OCGA § 9-15-14 b in the amounts of $1,111.50 and $8,161.50, respectively. No evidence of record shows the payment of these costs. Still proceeding pro se , Crane appeals from the superior court’s order entered on June 25, 2004 and amended on July 7, 2004. In addition to granting Cheeley’s motion to dismiss the underlying action, a third action filed by Crane against him and his agents for the failure to pay costs as ordered, the superior court’s June 25 order, as amended, granted Cheeley’s motion for a bill of peace and for a perpetual injunction against Crane and his agents in Gwinnett County.2 In doing so, the superior court found that “the issues in Crane’s suits are nearly identical and the merits of all of the complaints have been litigated and decided.”

Crane challenges the superior court’s amended order for the denial of his constitutional rights to a jury trial and to confront the witnesses against him. We disagree and affirm.

Crane v. Cheeley

Attorneys' fees awarded to a party under O.C.G.A. § 9-15-14 g are treated as court costs with regard to the filing of any subsequent action and payment of such costs is a condition precedent to filing a subsequent action against that party.

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