Godinger Silver Art Co. Ltd. v. Olde Atlanta Mktg. Inc.

The trial court did not err in applying Georgia law, even though the underlying contract between the parties was entered into and performed in Florida, since the defendant did not give reasonable written notice under O.C.G.A. § 9-11-43 c of its contention that Florida law applied to the parties' dispute.

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Olde Atlanta Marketing, Inc. “OAM” sued Godinger Silver Art Company, Ltd. “Godinger” for unpaid commissions on sales of Godinger merchandise. After a bench trial, the trial court awarded OAM actual damages of $28,801.01. Pursuant to OCGA § 10-1-702 b, the trial court also awarded OAM exemplary damages of $28,801.01 and attorney fees equal to 30 of actual and exemplary damages. Godinger appeals, contending that the trial court erred i in awarding OAM damages based on speculation and guesswork and ii in applying Georgia law to the dispute. We disagree and affirm. On appellate review of a bench trial, the factual “findings shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses.” OCGA § 9-11-52 a. In bench trials, the judge sits as trier of fact and the court’s findings are analogous to a jury’s verdict and should not be disturbed if there is any evidence to support them. Citation omitted. Benson v. McMillan , 261 Ga. App. 78, 78-79 581 SE2d 707 2003. The evidence shows that Godinger imported crystal and silver products. OAM was Godinger’s sales representative in Florida from 1995 through June of 1997. Godinger compensated OAM through commissions varying from three to fifteen percent of the net sale price of goods shipped. Under their arrangement, Godinger paid OAM’s commission 30 days after the company shipped the product to the customer. Every month, Godinger sent OAM a commission statement accounting for orders shipped and the commission payable to OAM on those orders.

After Godinger terminated OAM as its sales representative, Godinger stopped sending the commission statements, and OAM was unable to reconcile its sales records with Godinger’s records. OAM demanded that Godinger provide a detailed accounting and full payment of commissions, but no accounting was provided before OAM filed suit. In October 2000, OAM sued Godinger for $40,153.81 in actual damages based on its own sales records.

Godinger Silver Art Co. Ltd. v. Olde Atlanta Mktg. Inc.

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