Sprewell v. Thomas & Hutson, S.C. LLC

The trial court had no discretion to open defendant's default under O.C.G.A. § 9-11-55 b, where the defendant failed to show under oath that he had a meritorious defense.

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On July 10, 2001, Thompson & Hutson, South Carolina, LLC “Thompson & Hutson”, a law firm, brought suit against Latrell Sprewell in the Superior Court of Fulton County to collect unpaid attorney fees for services previously rendered and attorney fees, costs, and expenses associated with their collection efforts, as set out under the terms of the fee agreement. Upon failure of Sprewell to timely answer, the trial court entered a default judgment in favor of Thompson & Hutson. Sprewell appeals from the denial of his motion to set aside judgment or, in the alternative, motion for new trial. Finding no error, we affirm. The record shows that Thompson & Hutson was associated by Thompson & Associates, Attorneys at Law, LLC, to represent Sprewell in a legal action to set aside an arbitrator’s decision regarding discipline imposed on Sprewell by the Golden State Warriors Basketball Club and the National Basketball Association. Robert Gist, who was Sprewell’s general counsel and business agent, knew of and approved of the association. As a result of the law firm’s work on Sprewell’s behalf, Thompson & Hutson sought payment in the amount of $21,635.00 plus costs and attorneys fees as provided for in the fee agreement.

The summons and complaint was served on Sprewell by the Sheriff of Westchester County, New York, on September 6, 2001, by leaving a copy at Sprewell’s home with Candace Sprewell. At no time has Sprewell challenged the sufficiency of the service. No answer having been filed, Thompson & Hutson’s counsel wrote Gist on October 24, 2001, to ascertain whether or not Sprewell intended to answer the complaint. On October 26, 2001, Thompson & Hutson filed its application for default judgment and served the application on Sprewell at his New York address. In response thereto, Sprewell filed a motion to open default and a motion to stay proceedings pending arbitration. On March 27, 2002, the trial court issued its order denying Sprewell’s motion to open default and finding as moot Sprewell’s motion to stay proceedings pending arbitration.

Sprewell v. Thomas & Hutson, S.C. LLC

The trial court had no discretion to open defendant's default under O.C.G.A. § 9-11-55 b, where the defendant failed to show under oath that he had a meritorious defense.

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