J.P. Carey Enterprises sued Cuentas for defaulting on a convertible note. The trial court ruled that Cuentas breached the note but held that several default provisions were unenforceable penalties, found that J.P. Carey waived default interest, and struck an expert affidavit. The Court of Appeals of Georgia affirmed the rulings that the default-conversion and make-whole provisions were penalties and that the expert affidavit was properly excluded as a case-management matter. It reversed the ruling that J.P. Carey waived the default-interest provision as a matter of law. The judgment was therefore affirmed in part and reversed in part.