Georgia Farm Bureau Mut. Ins. Co. v. Croley

The defendant was entitled to summary judgment on its former attorney's breach of contract claim because the oral agreement between the parties had no stated duration.

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Pursuant to this Court’s grant of interlocutory appeal, Georgia Farm Bureau Mutual Insurance Company Farm Bureau appeals the trial court’s denial of its motion for summary judgment in this action filed by its former attorney, John Croley, Jr. Croley, Jr. alleged breach of contract, tort damages arising from breach of contract, and conversion of his property legal pads and file folders contained in 42 case files retrieved by Farm Bureau. “Summary judgment is appropriate when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Robinson v. Hunter , 254 Ga. App. 290 1 562 SE2d 189 2002. Our review is de novo. Pyle v. City of Cedartown , 240 Ga. App. 445, 446 524 SE2d 7 1999.” Pearlman v. Security Bank and Trust Co. of Albany , 261 Ga. App. 270 582 SE2d 219 2003.

Viewing the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to Croley, Jr., the opponent of summary judgment, it was that, sometime in the mid 1980s, Farm Bureau claims managers Lambert and Yarbrough met with Croley, Jr. at his law office to discuss his possible representation of Farm Bureau. According to Croley, Jr., an oral agreement was reached that Farm Bureau would send cases to him to defend and he would be paid an hourly rate for services performed. No retainer was paid by Farm Bureau. Lambert and Yarbrough assured Croley, Jr. that he would be allowed to finish the cases he was assigned, but no written contract was ever prepared. Croley, Jr. was not guaranteed any number of cases and assignment of cases was at the discretion of Farm Bureau. As he stated, “I could have, at any point in time, refused a file just like they could have stopped sending them.”

Georgia Farm Bureau Mut. Ins. Co. v. Croley

The defendant was entitled to summary judgment on its former attorney's breach of contract claim because the oral agreement between the parties had no stated duration.

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