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Roberts v. First Georgia Community Bank

The appellants failed to object to the contempt order entered against them and thus failed to preserve the issue for appellate review, which deprived them of the right to complain on appeal.

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First Georgia Community Bank First Georgia filed in the Superior Court of Butts County a complaint on contract for deficiency judgment, naming as defendants Metropolitan Home Builders, Inc. MHB, Grady A. Roberts, III, Individually Roberts, and Sandra A. Murray, a/k/a Sandra M. Roberts, Individually Murray. In Case No. A15A1100, Roberts and Murray appeal from an order of contempt. In Case No. A15A1101, Roberts and Murray appeal from an order granting a motion they had filed for a supersedeas bond. Because the appellants failed to object below about the specific issues they assert on appeal, and the issues were neither raised nor ruled on by the trial court, we affirm the judgments from which the appellants appeal.

The appellate record shows the following. In April 2010 and November 2008, service of process was perfected as to Roberts and MHB, respectively. After MHB was served, it filed an answer, defenses, and counterclaim1 ; Roberts did not. On May 17, 2013, First Georgia filed a motion for default judgment against Roberts. On June 12, 2013, service of process was perfected as to Murray. On July 8, 2013, the trial court granted First Georgia’s motion for default judgment against Roberts.

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