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D'BABS CONSTRUCTION, INC. v. CASCADE FENCE COMPANY, INC.

No. A09A1795.

684 S.E.2d 384 (2009)

300 Ga. App. 234

D'BABS CONSTRUCTION, INC. v. CASCADE FENCE COMPANY, INC.

Court of Appeals of Georgia.

September 25, 2009.

Attorney(s) appearing for the Case

Scott McKenzie Stevens, Alpharetta, Karl J. Howe Jr., for appellant.

Brian William Pettersson, for appellee.

JOHNSON, Presiding Judge.

D'Babs Construction, Inc. sued Cascade Fence Company, Inc. for money allegedly owed under a contract. On August 12, 2008, the trial court appointed an auditor pursuant to OCGA § 9-7-1 et seq. and scheduled a hearing before the auditor on September 16, 2008 at 9:00 a.m. Notice of the hearing was sent to counsel for both parties. However, it is undisputed that D'Babs Construction failed to appear at the hearing despite the fact that no...

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