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Sundman v. Faris

An out-of-state court's order of dismissal which included an award of costs to plaintiff was a final judgment which was subject to full faith and credit in Georgia.

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Sundman appeals from the trial court’s grant of summary judgment to Faris in Faris’ suit on a foreign judgment.1 Toledo Center Floor Covering v. Richfield Carpet Mills, 176 Ga. App. 400 1 336 SE2d 320 1985.

At the crux of this suit is the “Order of Dismissal” of Sundman’s California suit against Faris signed by Orange County Superior Court Judge Thomas Thrasher on February 26, 1993 and filed that same day. The case was dismissed when Sundman did not appear for trial and his attorney, Flax, instead sought a continuance which was denied. The last paragraph of that order states that “it is further ordered that the Defendants recover their costs in the sum of $41,567.80 per memo of costs filed 2/10/93 TT.” The underlined portion of the order is handwritten. In the left margin, next to this paragraph, appear handwritten initials “TT” and “6/13/93.” According to the Certificate of Fact filed on behalf of Alan Slater, the Clerk of Orange County Superior Court by Writ and Judgment Clerk Tina Tran, Faris’ Memorandum of Costs was filed in Orange County Superior Court on February 10, 1993 and Tran, on June 13, 1993, “posted costs in the sum of $41,567.80 per Memorandum of Costs filed 2-10-93 to be part of the Order of Dismissal filed on 2-6-93 according to the Orange County Superior Court’s procedures for posting costs into the Judgment or Order.” Tran further identifies the initials “TT” as hers.

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