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Joe Ahearn a/k/a John Ahearn v. Westrec Management Inc. d/b/a Holiday on Lake Lanier

Because defendant did not cite the record or argue the merits of his appeal in his brief, the trial court's grant of partial summary judgment to the plaintiff was presumed correct.

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Westrec Management sued Joe Ahearn for the costs incurred in removing a sinking boat moored at its dock. Ahearn counterclaimed for the loss of the boat. The trial court entered partial summary judgment in favor of Westrec and awarded $3,825. The court also awarded judgment to Westrec on Ahearn’s counterclaim. Ahearn appeals contending that the court erred in granting partial summary judgment to Westrec.

Westrec moved to dismiss the appeal on jurisdictional grounds.1 In our February 9, 2000 order denying Westrec’s motion, we ordered Ahearn to submit a brief on the merits of the appeal, which he failed to do. Ahearn’s brief submitted prior to the order has no citations to the record and has no argument on the merits beyond two sentences claiming that the question of gross negligence is a jury question under OCGA § 51-1-4. The remainder of Ahearn’s brief focuses on the jurisdictional issue that was subsequently decided by this court in the denial of Westrec’s motion to dismiss.

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