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Final Copy 287 Ga. 18 S09A1413. CARDINAL ROBOTICS, INC. v. MOODY.

Hines, Justice. This is an appeal from orders issued in relation to an action to partition real property in Fannin County. The challenge made is to the refusal to disqualify counsel and its alleged effect on the propriety of the trial court's entry of other rulings. For the reasons that follow, we affirm. The present action for the partition of real property followed other litigation involving claims brought by Cardinal Robotics, Inc. ("CR") against multiple defendants to quiet title and for encroachment and trespass regarding the real property. Following the affirmance of the grant of summary judgment to CR on a counterclaim lodged against it, the action was returned to the trial court. See City of McCaysville v. Cardinal Robotics, 263 Ga. App. 847 (589 SE2d 614) (2003). In order to understand what transpired upon the return of the quiet title case to the trial court, it is necessary to identify the individuals involved. James McDaniel ("McDaniel"), Jimmy McDaniel ("Jimmy McDaniel"), and Forry

Laucks ("Laucks") were officers of CR. Leonard Moody ("L. Moody"), now deceased, was a friend and investor in CR and had made substantial loans to the company. Both Larry Anderson and Douglas Flint were attorneys with the firm Flint & Connolly. The record contains evidence of the following. On or about September 29 and 30, 2006, McDaniel, Laucks, Jimmy McDaniel, and L. Moody met at the law offices of Flint & Connolly. The purpose of the meeting was to obtain representation for CR at a proceeding in the quiet title action scheduled for three days later on October 2, 2006. L. Moody and Flint & Connolly had a long association and the firm agreed to work all weekend on the case, enter an appearance, and sign McDaniel's pro se pleadings in the case. Flint & Connolly understood that CR was going to execute a quitclaim deed to L. Moody for approximately one-half of the property in question in exchange for L. Moody paying Flint & Connolly's legal fees for the quiet title action. Were it not for the relationship with L. Moody, Flint & Connolly would not have taken on the case; also it knew that CR was transferring power of attorney to L. Moody for control of the litigation. The firm entered its appearance in the quiet title action at the request and direction of L. Moody. CR never paid any money to Flint & Connolly; all attorney fees were paid by L. Moody. The case
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files, from a prior attorney, were delivered to Flint & Connolly. Over the weekend, Flint & Connolly communicated with the opposing parties in the litigation in order to effectuate a settlement. Ultimately, the action was dismissed without prejudice. Thereafter, L. Moody wished to exercise his ownership rights under the quitclaim deed and have the property partitioned and sold. Represented by attorneys Flint and Anderson of Flint & Connolly, on May 24, 2007, L. Moody filed the present complaint against CR for partition and sale of the property. During the course of this litigation, on October 29, 2007, L. Moody passed away, and David Moody, as executor of L. Moody's estate ("Moody") was substituted as plaintiff in the action. CR was initially unrepresented by counsel and the case went into default. On August 6, 2007, L. Moody had filed a motion for default judgment against CR. On May 13, 2008, the trial court entered an order, inter alia, granting the motion for default judgment. On May 23, 2008, CR, now represented by counsel, moved to open and set aside the default judgment pursuant to OCGA

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