National Teen-ager Co. v. Scarborough, 254 Ga. 467, 468-69 ( 330 S.E.2d 711) (1985) (footnote omitted).Brunswick Floors v. Guest, 234 Ga. App. 298, 300 ( 506 S.E.2d 670) (1998); Wright v. Power Indus. Consultants, 234 Ga. App. 173, 174 (2) ( 525 S.E.2d 710) (1999). Id.
See Kaylor v. Atwell , 251 Ga. App. 270, 274 (3), 553 S.E.2d 868 (2001) ("[Appellant] enumerates as error the denial of his motion to disqualify defense counsel. However, our affirmance of the grant of summary judgment to all defendants renders this issue moot."); Merchant v. Mitchell , 241 Ga. App. 173, 174 (2), 525 S.E.2d 710 (1999) (holding that, in light of trial court having properly dismissed plaintiff’s action due to the failure to state a claim upon which relief could be granted, the trial court also properly denied as moot the plaintiff’s motion to disqualify counsel for defendant). (b) As to Beard’s request that the trial court order Rondowsky to return Trust assets that were used to fund the improper litigation, the trial court properly denied this motion when Beard—who was acting throughout this case in her capacity as executrix of her late husband’s Estate—lacked standing in that capacity to seek such relief in this case.
When Laymac failed to appeal the June 10, 2016 order, any issue ruled upon in that order has res judicata effect. See Merchant v. Mitchell , 241 Ga. App. 173, 174 (4), 525 S.E.2d 710 (1999). Thus, Laymac was precluded from amending his complaint to assert a claim for breach of fiduciary duties based upon a partnership relationship between the parties. Benedict , 253 Ga. App. at 750, 560 S.E.2d 278.
It is undisputed that no such written notice was given to Witcher or Witcher, Inc. "Accordingly, we conclude that the superior court [erred in refusing to] dismiss[ ] attorney [Witcher and Witcher, Inc.,] as defendants in the instant action [because of the appellees’] failure to give written notice that [they] intended to sue them for abusive litigation[.]" Merchant v. Mitchell , 241 Ga.App. 173, 174 (1), 525 S.E.2d 710 (1999) (citations omitted). Accord Baylis v. Daryani , 294 Ga.App. 729, 731–732 (2), 669 S.E.2d 674 (2008) (trial court did not err in dismissing abusive litigation claim where the notice requirement of OCGA § 51–7–84 (a) was not met); Slone , supra ; LaSonde v. Chase Mtg. Co. , 259 Ga.App. 772, 774 (2), 577 S.E.2d 822 (2003) (affirming dismissal of abusive litigation claim where no written notice given to defendant).
Merchant v. Mitchell. Bienert failed to appeal this order within 30 days but waited until the present post-trial appeal (filed in October 2004) to contest the order. Merchant v. Mitchell, 241 Ga. App. 173, 175 (4) ( 525 SE2d 710) (1999). This appeal is untimely.
Accordingly, these enumerations are deemed abandoned under Court of Appeals Rule 27 (c) (2).Merchant v. Mitchell, 241 Ga. App. 173, 175 (5) ( 525 S.E.2d 710) (1999). Even if we considered the enumerations, they would fail. Through counsel, Edward agreed to dismiss the cases against Olin and in fact did so, thereby voluntarily waiving his right to a jury trial in those cases.