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Georgia Receivables Inc. v. Kirk

The Court could have imposed a penalty against the plaintiff for frivolously appealing the determination that the defendant's health spa contract was void and unenforceable after the plaintiff lost its previous appeals in three virtually identical cases.

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Georgia Receivables, Inc., appeals from the grant of summary judgment to Edward Kirk in Georgia Receivables’ suit against him to collect payment under a health spa contract. The complaint alleged that Kirk was indebted to Georgia Receivables in the amount of $2,092.91, attorneys fees of $278.46, interest of $441.74, and court costs of $55.00. Kirk filed a timely answer.

Georgia Receivables later amended the complaint to claim principle of $1,382.04, interest of $891.41, attorneys fees of $302.34, and court costs of $55.00. Thereafter, Georgia Receivables moved for summary judgment. The motion was supported by the affidavit of the president of Georgia Receivables and a copy of the health club contract on which Georgia Receivables sued. Kirk’s unsworn response to the motion asserted that he did not breach the contract, and that he attempted to cancel the contract, but the original owner of the contract refused to do so.

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