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Latium Usa Trading, Llcv.Janay Smith

CourtCourt of Appeals of Georgia
Docket No.A23A1262
DecidedMarch 1, 2024
Reporter259 Ga. App. 324
JudgesCourt of Appeals of Georgia
Tags
CivilContract LawTort LawCivil ProcedurePersonal JurisdictionReversalRemand
Case Summary

Janay Smith paid more than $85,000 for specialty windows and construction work for two sunrooms at her Atlanta home, but the work was not substantially completed and the windows were not delivered. She obtained a default judgment against Latium USA Trading and related defendants. Latium challenged personal jurisdiction, the refusal to open the default, the damages award, and the failure to apportion fault. The Court of Appeals of Georgia rejected those challenges except as to loss-of-use damages. It held that the method used to calculate that component was improper and unsupported, while the remaining portions of the default judgment could stand. The court also declined to consider arguments that had not been properly raised in the trial court. It reversed the loss-of-use award and otherwise affirmed the final judgment.

Opinion

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