Demido v. Wilson

There was no evidence to support the plaintiff's intentional tort claims against a company that provided colocation services for the plaintiff's computer server and mistakenly released that server to another person.

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James Demido appeals pro se from the trial court’s grant of partial summary judgment in favor of Interland, Inc.; from total summary judgment in favor of Interland employees, Jonathan B. Wilson and H. Christopher Covington, and from the court’s denial of his request to extend the time for discovery. For the following reasons, we affirm. Demido, a computer consultant, purchased “colocation” services from Interland whereby Interland housed Demido’s computer server in its data center and provided electrical power and other services to enable the server to be continuously operated from that location. Demido’s server was housed in an enclosure with six other servers of the same model and appearance also colocated at Interland. The other six servers belonged to John Kotmair, but were maintained by Demido under a consulting agreement with Kotmair.

In a suit filed in Fulton County Superior Court in April 2001, but not the subject of the present appeal, Demido sued Kotmair for money claimed due under the consulting agreement, asserted a lien pursuant to OCGA § 44-14-363 over Kotmair’s six servers, and obtained a temporary restraining order TRO prohibiting the servers from being removed from the jurisdiction of the court. Kotmair subsequently terminated the colocation services with Interland for his six servers, and a written agreement was prepared by Interland which recognized that Kotmair had paid for all colocation services rendered and was entitled to possession of his servers. The agreement also recognized the existence of the TRO in Demido’s pending suit and stated that Kotmair was aware he was bound by the provisions of the TRO. This agreement was prepared by Wilson, the Assistant General Counsel for Interland, and signed by Covington, the General Counsel for Interland.

Demido v. Wilson

There was no evidence to support the plaintiff's intentional tort claims against a company that provided colocation services for the plaintiff's computer server and mistakenly released that server to another person.

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