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Sharp v. Greer6/11/2002
Attorney Donald J. Sharp sued Greer, Klosik & Daugherty, his former law firm, and Richard G. Greer, Frank J. Klosik, and John F. Daugherty individually and as partners of the firm. Sharp alleged the defendants filed abusive litigation against him in the form of a cross-claim and counterclaim in a previous action, and intentionally inflicted emotional distress by accusing him of stealing cases and denying him fees. He also sought punitive damages under OCGA § 51-12-5. The defendants answered, denied liability, and moved to dismiss the action on the pleadings and for summary judgment. Sharp also moved for summary judgment. The trial court granted summary judgment to the defendants, and Sharp appeals, enumerating seven errors. For the reasons that follow, we affirm the trial court.
The trial court, in its excellent order, summarized the proceedings clearly and succinctly, a task not easily performed considering that all the litigants are attorneys and the record is replete with numerous factual allegations and claims. We quote from that order as follows:
"This action is basically for the Plaintiff's attorney fees costs and related expenses incurred in obtaining a judgment for his portion of an attorney fee generated by the successful prosecution of a wrongful death action, and for defending the defensive pleadings, counterclaim and cross-claim by other members of the firm (the Defendants herein).
After obtaining a portion of the fee he sought in the related fee action in Fulton County, the Plaintiff either elected not to pursue a § 9-15-14 claim or failed to prosecute a § 9-15-14 claim for the alleged wrongful assertion by Defendants of their claims before the trial judge in the fee dispute. By various theories of law, the Plaintiff now seeks to have this Court essentially retry the fee dispute and the hotly contested factual issues already tried in the Fulton County action, to determine whether the Defendants had some factual basis for the assertion of their claims. The theories supporting damages unrelated to the Plaintiff's attorney's fees and costs fail for a number of reasons.
"Underlying all of the Plaintiff's claims is a contention that the Defendants failed to distribute to the Plaintiff a portion of the jointly earned fee from the wrongful death case. However, the Defendants obtained the fee proceeds by order of the trial court and held them pursuant to a Court order, an appeal from which was taken immediately by the Plaintiff's and the Defendants' respective client, who claimed entitlement to all or a portion of the fee at all times relevant to when the Defendants allegedly wrongfully withheld the Plaintiff's money. Since the amount of the fee was always in dispute, not only between the parties herein but also between them and their client, any action or inaction by the Defendants could not be the proximate cause of the Plaintiff's losses claimed herein. The Court notes with interest that the Plaintiff and the client apparently were seeking to have the Defendants pay the Plaintiff more than his one-third share of the wrongful death attorney fee in any proposed compromise of the attorney fee issue until the one-third fee with interest was awarded by the jury in the Fulton County fee dispute case."
The trial court proceeded to address each count in Sharp's complaint, and granted summary judgment or judgment on the pleadings to the defendants on each one. On appeal from the grant of summary judgment, this Court conducts a de novo review of the record, construing the evidence and all inferences therefrom in favor of the nonmoving party. Maddox v. Southern Engineering Co., 231 Ga. App. 802, 802-803 (500 SE2d 591) (1998). We will affirm a judgment
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