Você está na página 1de 4

1 IN THE STATE COURT FOR THE COUNTY OF GWINNETT

2 STATE OF GEORGIA

4 MIDLAND FUNDING LLC,


aka/dba/obo/fka CHASE
5 BANK USA NA,

6 Plaintiff, CIVIL ACTION


FILE NO.: 10-C-07271-4
7 vs.

8 JILL SHERIDAN,

9 Defendant. Certified Copy


10

11 *****

12 Transcript of the Bench Trial


13 before the Honorable Joseph C. Iannazzone
14 held on the 9th day of December 2010.
15

16 APPEARANCES OF COUNSEL:

17
For the Plaintiff: James T. Freaney
18 Attorney at Law
19 For the Defendant: Pro se
20

21

22 **********
DONNA HAZELL
23 Official Court Reporter
for Judge Joseph C. Iannazzone
24 Gwinnett Justice & Administration Center
75 Langley Drive
25 Lawrenceville, Georgia 30045
(770)822-8799

1
1 P-R-O-C-E-E-D-I-N-G-S

2 MR. FREANEY: The Plaintiff rests.

3 MS. SHERIDAN: A directed verdict, your Honor. I

4 also have a motion outstanding for attorney's fees under

5 9-15-14. I have had an attorney in this case who can be

6 present at a later hearing to be scheduled.


7 THE COURT: That motion can be filed anytime within
8 30 days of entry of the jUdgment. I'm going to enter a
9 judgment in favor of the Defendant.
10 MS. SHERIDAN: Thank you, your Honor.
11 MR. FREANEY: Your Honor, there is a counterclaim,
12 however, the counterclaim is under OCGA 9-15-14; and under
13 OCGA 51-7-80 et seq. the exclusive remedy for abusive
14 litigation is to give the notice required by the statute
15 and then file a separate and independent action.
16 So I would ask the Court to give judgment for
17 Plaintiff on the Defendant's counterclaim without
18 prejudice to the Defendant to -- or actually just to
19 dismiss the counterclaim without prejudice.
20 MS. SHERIDAN: Your Honor, I'm not aware of any
21 notice. I believe that was under another attorney's fees
22 statute as far as providing a notice. This is for -- this
23 is a request for attorney's fees and expenses for this
24 action.
25 MR. FREANEY: Your Honor, if the Court will take a

2
1 look at the Defendant's answer, the Defendant's answer --
2 THE COURT: I've got it. It was filed under 9-15-14.

3 MR. FREANEY: And you cannot do that under the

4 Batallic v Hog Mountain -- sorry. Under the Hog Mountain

5 creations case you cannot do that by counterclaim. You

6 must do it by motion.
7 MS. SHERIDAN: I have a different case that actually
8 says it can be filed by counterclaim as long as you move
9 for the motion to be heard after the close and it be ruled
10 on. I have the case here.

11 THE COURT: I'm not going to dismiss it. It can be,


12 but there must be a motion for a hearing filed within 45
13 days of today's date. If not, it will be dismissed.
14 MS. SHERIDAN: Thank you, your Honor.
15 MR. FREANEY: will the Court prepare the order?
16 THE COURT: Yes.
17 (Proceedings concluded.)

18

19
20

21

22

23

24

25

3
1

2 C-E-R-T-I-F-I-C-A-T-E

4 STATE OF GEORGIA

5 COUNTY OF GWINNETT

7 I, Donna Hazell, Official Court Reporter, hereby


certify that the foregoing transcript was taken down, as stated
8 in the caption, and the colloquies, questions and answers were
reduced to print by me or under my direction; that the foregoing
9 pages represent a true, correct and complete record of the
evidence given.
10
The above certification is expressly withdrawn and
11 denied upon the disassembly and/or photocopying of the foregoing
transcript, or any part thereof, including exhibits, unless said
12 disassembly and/or photocopying is done under the auspices of
the undersigned and the signature and original seal attached
13 thereto.
14
I further certify that in accordance with
15 OCGA 9-11-28(a) I am not a relative, employee, attorney, or
counsel of any party, nor am I financially interested in the
16 action.

17
This the 11th day of March 2011.
18
19
20 -.~ ....,. ...·:"'1 ~~
-:'.. . (' \~ - ." ,J/
~. :t .,.. • ~"

21
..~. .
... f
DONNA-.. HAZELL, CCR-B-1583

22 :: :
:. , L

23
24

25

Você também pode gostar