On September 14, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Wolf Creek Homeowners Association Inc,
and
Richardson, Edward,
for Other General Civil*
in the District Court of Gwinnett County.
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IN THE STATE COURT OF GWINNETT COUNTY
STATE OF GEORGIA
WOLF CREEK HOMEOWNERS )
ASSOCIATION, INC., )
)
Plaintiff, ) CIVIL ACTION
) FILE NO. 21-A-07250-11
Vs. )
)
EDWARD RICHARDSON, )
)
Defendant. )
PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT WITH BRIEF IN SUPPORT
COMES NOW Plaintiff, pursuant to O.C.G.A. § 9-11-55, and moves for entry of a default
judgment against Defendant for failure to answer or otherwise respond to the Complaint. In
support of this Motion, Plaintiff shows the Court as follows:
Defendant Edward Richardson was served by personal service with the Complaint on
November 1, 2021. More than forty five (45) days have elapsed from the date of the process of
service, and no answer or other defensive pleading has been filed by the Defendant against whom
judgment is sought, as shown by court records.
O.C.G.A. § 9-11-55 provides that in the case of a default by a defendant, the plaintiff is
entitled to verdict and judgment by default “as if every item and paragraph of the complaint or
other original pleading were supported by proper evidence, without the intervention of a jury,
unless the action is one ex delicto or involves unliquidated damages.” This case is not one ex
delicto and does not involve unliquidated damages. Liquidated damages were specifically prayed
for in the Complaint, and accordingly, Plaintiff seeks entry of a money judgment for the liquidated
damages specifically prayed for in the Complaint:
(1) Principal: $1,661.00
(2) Interest: $323.82
(3) Attorney’s Fees: $2,126.96
(4) Court Costs: $234.59
TOTAL JUDGMENT: $4,346.37
WHEREFORE, Plaintiff prays that the Court GRANT a default judgment against
Defendant for a money judgment in liquidated damages as prayed for in the Complaint.
This the ___14 day of February, 2022.
COBB, OLSON & ANDRLE, L.L.C.
By: /s/ Stefan Stojanovic
Frank R. Olson
Georgia Bar No. 553077
John. D. Andrle
Georgia Bar No. 488330
Stefan Stojanovic
Georgia Bar No. 715408
Attorneys for Plaintiff
500 Sugar Mill Road
Suite 160-B
Atlanta, GA 30350
(770) 200-8587
(770) 635-8587 fax
jandrle@coalegal.com
folson@coalegal.com
sstojanovic@coalegal.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have this day served the within and foregoing pleading upon
the following by regular mail:
Edward Richardson
1771 Lone Wolf Trail
Dacula, GA 30019
14
This _______ February
day of ________, 2022.
COBB, OLSON & ANDRLE, L.L.C.
By:/s/ Stefan Stojanovic
Frank R. Olson
Georgia Bar No. 553077
John. D. Andrle
Georgia Bar No. 488330
Stefan Stojanovic
Georgia Bar No. 715408
Attorneys for Plaintiff
500 Sugar Mill Road
Suite 160-B
Atlanta, GA 30350
(770) 200-8587
(770) 635-8587 fax
jandrle@coalegal.com
folson@coalegal.com
sstojanovic@coalegal.com
Document Filed Date
February 14, 2022
Case Filing Date
September 14, 2021
Category
Other General Civil*
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IN THE STATE COURT OF GWINNETT COUNTY STATE OF GEORGIA WOLF CREEK HOMEOWNERS ) ASSOCIATION, INC., ) ) Plaintiff, ) CIVIL ACTION ) FILE NO. 21-A-07250-11 Vs. ) ) EDWARD RICHARDSON, ) ) Defendant. ) PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT WITH BRIEF IN SUPPORT COMES NOW Plaintiff, pursuant to O.C.G.A. § 9-11-55, and moves for entry of a default judgment against Defendant for failure to answer or otherwise respond to the Complaint. In support of this Motion, Plaintiff shows the Court as follows: Defendant Edward Richardson was served by personal service with the Complaint on November 1, 2021. More than forty five (45) days have elapsed from the date of the process of service, and no answer or other defensive pleading has been filed by the Defendant against whom judgment is sought, as shown by court records. O.C.G.A. § 9-11-55 provides that in the case of a default by a defendant, the plaintiff is entitled to verdict and judgment by default “as if every item and paragraph of the complaint or other original pleading were supported by proper evidence, without the intervention of a jury, unless the action is one ex delicto or involves unliquidated damages.” This case is not one ex delicto and does not involve unliquidated damages. Liquidated damages were specifically prayed for in the Complaint, and accordingly, Plaintiff seeks entry of a money judgment for the liquidated damages specifically prayed for in the Complaint: (1) Principal: $1,661.00 (2) Interest: $323.82 (3) Attorney’s Fees: $2,126.96 (4) Court Costs: $234.59 TOTAL JUDGMENT: $4,346.37 WHEREFORE, Plaintiff prays that the Court GRANT a default judgment against Defendant for a money judgment in liquidated damages as prayed for in the Complaint. This the ___14 day of February, 2022. COBB, OLSON & ANDRLE, L.L.C. By: /s/ Stefan Stojanovic Frank R. Olson Georgia Bar No. 553077 John. D. Andrle Georgia Bar No. 488330 Stefan Stojanovic Georgia Bar No. 715408 Attorneys for Plaintiff 500 Sugar Mill Road Suite 160-B Atlanta, GA 30350 (770) 200-8587 (770) 635-8587 fax jandrle@coalegal.com folson@coalegal.com sstojanovic@coalegal.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served the within and foregoing pleading upon the following by regular mail: Edward Richardson 1771 Lone Wolf Trail Dacula, GA 30019 14 This _______ February day of ________, 2022. COBB, OLSON & ANDRLE, L.L.C. By:/s/ Stefan Stojanovic Frank R. Olson Georgia Bar No. 553077 John. D. Andrle Georgia Bar No. 488330 Stefan Stojanovic Georgia Bar No. 715408 Attorneys for Plaintiff 500 Sugar Mill Road Suite 160-B Atlanta, GA 30350 (770) 200-8587 (770) 635-8587 fax jandrle@coalegal.com folson@coalegal.com sstojanovic@coalegal.com