Plaintiff/appellee National Labor Group, Inc. “National” filed this action against defendant/appellant Troy Langley d/b/a Troy Langley Construction & Abatement “Langley” as a verified complaint on open account in June 1999, setting out a single count for breach of contract. National alleged that under a contract between the parties it provided laborers to Langley for asbestos and lead removal during the period of December 1998 through April 1999; that Langley failed to pay for such services; and that it was entitled to receive a fee based on the labor rates paid the workers, one and one-half percent interest on accounts over 30 days old, and fifteen percent attorney fees. Langley pro se timely answered by letter, alleging that the parties had agreed that Langley was not obligated to pay National until Langley was paid by “a client.” In September 1999, Langley now represented by counsel, amended his answer to set out his defenses, among them the assertion that any liability to National was in Troy Langley Construction Co., Inc. Additionally, Langley filed a single counterclaim for abusive litigation under OCGA § § 9-15-14 and 51-7-80 et seq. In late January 2000, the superior court granted National’s motion to add defendant/appellant Troy Langley Construction Co., Inc. as a party defendant, the motion as unopposed. Days later, National amended its complaint to add the same as a defendant and to set out three counts styled: breach of contract, verified action on open account, and breach of implied promise to pay. Langley and Troy Langley Construction Co., Inc. “TLC”, one or both of whom are doing business as Troy Langley Construction & Abatement, Inc., timely filed an unverified answer to the complaint as amended and counterclaimed for interference in contractual relations, bad faith attorney fees, and abusive litigation. By its counterclaims, TLC variously alleged that National had illegally placed a $30,000 lien on the property of Perry Homes for the purpose of denying TLC any payment for its work on Perry Homes’ behalf although TLC had “paid numerous National invoices” for laborers which National provided in support of TLC’s Perry Homes project. National moved to strike TLC’s amended answer and for default judgment shortly thereafter, and, on Aug 23, 2000, filed the instant motion for partial summary judgment as to Langley’s counterclaim and those which TLC later filed.
Following a hearing, the superior court entered an order granting National default judgment by striking TLC’s answers as not verified.1 We dismissed TLC’s direct appeal from the foregoing order as interlocutory upon the initial appearance of this case before this Court. Langley v. National Labor Group , Case No. A01A0986 decided April 24, 2001 Unpublished. Following the remittur of our dismissal, the superior court set aside its order granting default judgment and, citing Five Star Steel Construction, Inc. v. Klockner , 240 Ga. App. 736, 739 1 c 524 SE2d 783 1999, dismissed with prejudice National’s verified complaint on open account as an improper cause of action for factual disputes as to the terms of an underlying contract. Further, by a second order entered contemporaneously, the superior court granted National summary judgment as to Langley’s counterclaim finding no cognizable claim for attorney fees and litigation costs by answer or counterclaim under OCGA § § 9-15-14 and 51-7-80 et seq. The superior court also granted National summary judgment as to TLC’s counterclaims finding no tortious interference with contract in the absence of evidence showing that National filed an illegal $30,000 lien against the property of Perry Homes as alleged; no abusive litigation as it had done relative to Langley’s counterclaim for abusive litigation; and no claim for OCGA § 13-6-11 attorney fees and costs of litigation for no viable independent counterclaim against National.
