Northen v. Tobin

Alleging breach of contract and additional theories sounding in fraud and equity, attorney R. Scott Tobin sued Bonnie Northen to satisfy a judgment that he and his former law firm had obtained against her ex-husband, who is now deceased.1 Northen counterclaimed to have the underlying judgment set aside, but the trial court dismissed the counterclaim. Upon cross-motions for summary judgment on Tobin’s breach of contract claim, the trial court granted summary judgment to Tobin, awarding him $216,140 plus post-judgment interest. Northen appeals the adverse rulings. Because Northen has not shown standing to seek to set aside the underlying judgment against her former husband, the trial court correctly dismissed her counterclaim. Also, the trial court correctly concluded that she had breached a contract obligating her to pay her ex-husband’s indebtedness to Tobin. Contrary to Northen’s argument, the court’s award did not violate OCGA § 9-12-10. Therefore, we affirm the dismissal of Northen’s counterclaim, the denial of summary judgment to her, the grant of summary judgment to Tobin, and the amount of the award.

Summary judgment is proper when there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law.2 In reviewing the grant or denial of a motion for summary judgment, we apply a de novo standard of review and consider the evidence, with all reasonable inferences therefrom, in favor of the party opposing summary judgment.3