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Bloom v. Camp

There was sufficient evidence to support the jury's verdict against the defendant on the plaintiff's claim for fraudulent transfer.

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David Camp brought this action in the Superior Court of Cobb County against Stephen Bloom and the estate of David Wood. As to the estate of David Wood, Camp sought, inter alia, to recover $104,800, the balance due Camp under a promissory note executed by Wood. As to Bloom, Camp sought damages under theories of fraudulent transfer, civil conspiracy, and unjust enrichment, all arising from a warranty deed whereby Wood, as grantor, conveyed property to himself and to Bloom as joint tenants with right of survivorship, allegedly to shield the property from creditors, including Camp.

When the case was called for trial, the representative of Wood’s estate did not participate in the jury trial or present any defense. At the close of the evidence, the trial court granted Camp’s motion for a directed verdict against Wood’s estate for $104,800 due under the promissory note, plus 10 percent of that amount in attorney fees as provided in that note and authorized by a statute regarding the collection of promissory notes.1 Bloom also moved for a directed verdict, but the trial court denied his motion and submitted Camp’s claims against him to the jury, including Camp’s demand for actual attorney fees if the jury found that Bloom acted in bad faith, was stubbornly litigious, or caused unnecessary trouble or expense.2 The jury returned a general verdict in Camp’s favor for $104,800, plus attorney fees of $27,750. In the final judgment on the directed verdict and the jury verdict, the court entered judgment in the amount of $104,800 against Wood’s estate and Bloom jointly, against the estate for attorney fees of $10,480, and against Bloom individually for attorney fees of $27,750.

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