SEARCH

Porter v. Tissenbaum

The trial court conditionally granted defendants' motion to set aside the default judgment against them by exercising its authority under O.C.G.A. § 51-12-12 b to reduce the jury's award.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Plaintiff Marc Tissenbaum sued New York residents Darwin Porter and Danforth Prince in the Superior Court of Wilkes County, Georgia, seeking damages for intentional infliction of emotional distress, invasion of privacy, assault, battery, and trespass arising out of alleged sexual harassment of Tissenbaum at defendants’ place of business in Washington, Georgia. Proceeding pro se, defendants answered and denied the material allegations. They also timely responded to requests for admissions sent to the return address given with the answer, and propounded their own discovery.

On September 29, 1999, the case appeared as #10 on a published trial calendar for November 1, 1999. At the sound of the case, plaintiff announced ready but defendants did not appear. The court noted that it had received a telefacsimile communication from New York that morning, in which defendant Porter stated: “Having learned there was a civil case pending against me and Mr. Prince only at 11:05 p.m. Sunday, October 31st, I cannot appear in court today.” Porter claimed he had received no official notice of trial in the mail and requested a postponement. In response to direct inquiry by the trial court, the clerk affirmed that, on September 29th, she sent a copy of the trial calendar to defendants Prince and Porter at the address of record as provided by defendants, and that the notice had not been returned as undeliverable.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

Southeastern Legal Awards 2025

May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.

Learn More

Complex Claims & Litigation Forum 2025

February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.

Learn More

Legalweek Leaders in Tech Law Awards 2025

March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.

Learn More

Title: Legal Counsel Reports to: Chief Executive Officer (CEO) FLSA Status: Exempt, Full Time Supervisory Responsibility: N/A Location: Remo...

Apply Now ›

Associate Position

Blume Forte Fried Zerres and Molinari 1 Main Street Chatham, NJ 07945Prominent Morris County Law Firm with a state-wide personal injury prac...

Apply Now ›

ASSOCIATE ATTORNEY DEFENSE LITIGATION

d Arcambal Ousley & Cuyler Burk, LLP, a well-established women-owned litigation firm, has an opening in our Parsippany, NJ office. We of...

Apply Now ›