Summary
The Georgia Court of Appeals affirmed summary judgment for university-affiliated defendants in Donald Scott Riding's breach of contract action concerning the grading of a senior project. The court held that the trial court did not abuse its discretion in denying Riding's motion to amend the complaint to substitute the Attorney General's Office and the Board of Regents as parties. Because the amendment issue was resolved against Riding, the court did not reach his contingent arguments concerning sovereign immunity and respondeat superior.
Holdings
- The trial court did not abuse its discretion in denying Riding's motion for leave to amend because adding or dropping parties requires court approval, and Riding offered no acceptable excuse or justification for failing to name and serve the proposed parties earlier.
- The court did not reach the second enumeration of error because it was contingent on a favorable ruling on the motion to amend, and the court found no merit in that challenge.
Questions Presented
- Whether the trial court abused its discretion by denying Riding's motion for leave to amend the complaint to add and substitute parties.
- Whether Riding's contingent argument concerning sovereign immunity and respondeat superior required reversal of the judgment.
Disposition
affirmed
Cases Cited (7)
- Lau's Corp. v. Haskins, 261 Ga. 491, 405 S.E.2d 474 (1991)(followed)
- Youngblood v. Gwinnett Rockdale Newton Community Service Board, 273 Ga. 715, 717-718(4), 545 S.E.2d 875 (2001)(followed)
- Ellison v. Hill, 288 Ga. App. 415, 418(2), 654 S.E.2d 158 (2007)(followed)
- Clover Realty Co. v. Todd, 237 Ga. 821, 822, 229 S.E.2d 649 (1976)(followed)
- Memar v. Styblo, 293 Ga. App. 528, 530 n.4, 667 S.E.2d 388 (2008)(followed)
- Valdosta Hotel Properties v. White, 278 Ga. App. 206, 209(1), 628 S.E.2d 642 (2006)(followed)
- Northgate Village Apts. v. Smith, 207 Ga. App. 479, 481(2), 428 S.E.2d 381 (1993)(distinguished)
Cited In (0)
No citing cases on record yet.
Court Document
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