• Scott v. Prestige Financial Services, Inc.

    Publication Date: 2018-05-15
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: William Carlisle (Carlisle Law Firm), Winder, for appellant.
    for defendant: Beth Rogers (Rogers Law Offices), Atlanta, for appellee.

    Case Number: A18A0565

    The trial court erred in finding that the verification procedures set forth in O.C.G.A. § 9-10-112 applied because plaintiff's action was not a suit on an open account but rather a claim for the recovery of a balance due on a repossessed automobile purchased under a sale of goods contract; accordingly, the trial court erred in entering a default judgment based on defendant's failure to verify his responsive pleadings pursuant to § 9-10-112.

  • Erickson v. Bank Of America, N. A. et al.

    Publication Date: 2018-05-03
    Practice Area: Creditors' and Debtors' Rights | Real Estate
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Sarah Erickson, Marietta, for appellant.
    for defendant: Jarrod Mendel (McGuire Woods LLP), Atlanta, for appellee.

    Case Number: A17A1839

    The trial court erred in granting summary judgment to bank on its complaint for declaratory judgment and equitable reformation of a security deed because it was no longer the holder of the security deed that provided the basis for its complaint and thus lacked standing to pursue those claims.

  • Crop Production Services, Inc v. T. E. Moye

    Publication Date: 2018-05-02
    Practice Area: Contractual Disputes | Creditors' and Debtors' Rights
    Industry: Agriculture
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Roger Hatcher (Smith, Gilliam, Williams & Miles, P.A.), Gainesville; Michael Strickland (Moore, Tyndall, Castellow & Strickland, LLP), Moultrie, for appellant.
    for defendant: Robert Howell (Attorney at Law), Moultrie; Donald Sweat (Gardner, Willis, Sweat & Handelman, LLP), Albany; Deena Plaire (Gardner Willis Sweat Plaire & Pickett), Albany, for appellee.

    Case Number: A17A1775

    Statute of Frauds Did Not Bar Evidence of Mutual Oral Agreement to Rescind Written Promise to Guarantee Loans

  • Blach v. Diaz-Verson

    Publication Date: 2018-03-06
    Practice Area: Banking and Finance Laws | Creditors' and Debtors' Rights
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Anthony Binford Minter (Wagner, Johnston & Rosenthal, PC.), Atlanta, for appellant.
    for defendant: Kurtis A. Powell (Hunton & Williams), Atlanta, for appellee. Robert J. Frey, Sarasota; Stephen G. Gunby, W. Fray McCormick (Page Scrantom Sprouse Tucker & Ford PC), Columbus, for other party.

    Case Number: S17Q1508

    Insurance Company Was Not "Financial Institution" When It Was Garnished Based on Earnings Owed as Debtor's Employer

  • Rogers v. Deutsche Bank National Trust Company et al.

    Publication Date: 2018-02-06
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: The Ratchford Firm, Warren E. Ratchford, for appellant.
    for defendant: Duane Morris, Steven D. Ginsburg, Kenneth B. Franklin, for appellees.

    Case Number: A17A1256

    The Court reversed the denial of defendant's motion to vacate an order substituting a new plaintiff; vacated the orders substituting the new plaintiff, granting summary judgment to the new plaintiff, and requiring defendant to post a supersedeas bond as a condition for the stay of enforcement of the summary judgment order; and remanded the case for further proceedings, finding that the trial court made an error of law and failed to exercise its discretion in substituting the new plaintiff.

  • EMM Credit, LLC v. Alexander Remington et al.

    Publication Date: 2017-12-06
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Bret Thrasher, Sarah Newman (Thompson, O'Brien, Kemp & Nasuti, P. C.), Norcross, for appellant.
    for defendant: Robert Koski (The Koski Firm), Sarasota; Grace Tillman (Richard C. Wayne & Associates, PC.), Atlanta; Steven Lefkoff (Lefkoff Law, LLC), Atlanta; Scott King (Jacobs King & Wallack LLC), Atlanta, for appellee.

    Case Number: A17A1031

    The trial court properly found that creditor's fraudulent transfer claim was not assignable.

  • Malak v. Unifund CCR, LLC

    Publication Date: 2017-11-28
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Mohamad Malak, Athens, for appellant.
    for defendant: Brannon Carson (Roosen, Varchetti & Olivier PLLC), Atlanta; David Fife (Attorney at Law), Atlanta; Mark Moore (Lazega & Johanson, LLC), Atlanta, for appellee.

    Case Number: A17A0748

    In entering judgment against debtor in a suit on a credit card account, the trial court relied on inadmissible evidence and the wrong legal standard; accordingly, the Court remanded the case for the trial court to issue a new order on the bench trial based on properly admitted evidence.