Georgia Case Law

Roberson v. Ocwen Federal Bank, FSB (2001) Court of Appeals of Georgia

ROBERSON v. OCWEN FEDERAL BANK FSB. 553 S.E.2d 162 (2001) 250 Ga. App. 350 Court of Appeals of Georgia. No. A01A1015. July 2, 2001. Madia Roberson, pro se. Frederick J. Hanna & Associates, Elizabeth C. Whealler, for appellee. ELDRIDGE, Judge. This a pro se appeal from the grant of summary judgment on an admitted credit card debt, which […]

Angel Business Catalysts, LLC v. Bank of the Ozarks (2012) Georgia Court of Appeals

ANGEL BUSINESS CATALYSTS LLC v. BANK OF THE OZARKS A12A0343. — June 15, 2012 Bank of the Ozarks (the “Bank”), as successor to the original lender, pursued an action to recover the outstanding balance on a promissory note guaranteed by Charles Merrill, III, Lee D. Gaskins, III, and Eric Fitchner (the “Guarantors”). The Bank moved for […]

DeKalb County State Court ORDER: Cach, LLC v. Cain (2009)

CACH, LLC, Successor in Interest of BANK OF AMERICA, N.A., Plaintiff, v. SHARON D. CAIN, Defendant. State Court of DeKalb County CIVIL ACTION FILE NO. 08A90282-3 ORDER This is a credit-card debt collection case in which the Defendant asserts that Plaintiff, an assignee, has no standing to collect the debt and has counterclaimed for violations […]

Hosch v. Colonial Pacific Leasing Corp (2012) Court of Appeals of Georgia

Summary of Hosch v. Colonial Pacific Leasing Corp (2012): a decision regarding  evidence of assignment of loans and real party in interest. Hosch entered into four loan agreements with CitiCapital.  After mergers and name changes, CitiCapital ultimately changed its name to GE Capital Commercial, Inc and sometime later transferred the loans to Colonial.   Hosch […]

Powers v. Hudson & Keyse, LLC (2008) Court of Appeals of Georgia

“…creditor in suit on account not entitled to summary judgment where motion was purportedly based upon an affidavit and accompanying exhibits, but creditor failed to attach any records establishing the debt.” POWERS  v.  HUDSON & KEYSE, LLC. 656 S.E.2d 578 (2008) Court of Appeals of Georgia. No. A07A1912. January 23, 2008. Dickinson, Mixson & Willis, David […]

League v. Citibank (South Dakota) (2008) Court of Appeals of Georgia

LEAGUE  v. CITIBANK (SOUTH DAKOTA). Court of Appeals of Georgia. No. A08A0601. 663 S.E.2d 266 (2008) May 19, 2008. Reconsideration Denied June 11, 2008. Joseph C. League, pro se. Mann & Bracken, M. Douglas Mann, Joseph C. Cooling, Atlanta, for appellee. PHIPPS, Judge. Appearing pro se, Joseph League appeals from a grant of summary judgment to Citibank (South […]

Bozeman v. CACV of Colorado, LLC (2006) Court of Appeals of Georgia.

BOZEMAN v. CACV OF COLORADO L.L.C. Court of Appeals of Georgia.  No. A06A2283. 638 S.E.2d 387 (2006) November 2, 2006. Lawrence E. Harrington, Fayetteville, for appellant. Michael J. Cohen, Trauner, Cohen & Thomas, Atlanta, for appellee. BLACKBURN, Presiding Judge. In this contract suit brought by CACV of Colorado LLC (“CACV”) against Gloria Bozeman, Bozeman appeals the grant of […]

Lamb v. Thalimer Enterprises, Inc, et. al (1989) Court of Appeals of Georgia

LAMB v. THALIMER ENTERPRISES, INC. et al. 193 Ga. App. 70, 386 S.E.2d 912  (1989) Court of Appeals of Georgia.A89A1507. Decided September 28, 1989. Harry A. Osborne, for appellant. Wall & Noonan, Barbara B. Barker, W. Alford Wall, John M. McCarter, for appellees. SOGNIER, Judge. Thalimer Enterprises, Inc., and Daniel Thalimer obtained a judgment against Donald […]

Eason v. Troon Company, LLC (2009) Court of Appeals of Georgia

EASON v. TROON COMPANY, LLC. Court of Appeals of Georgia No. A08A1945. 74 S.E.2d 77 (2009) February 19, 2009. Smith & Cannon, Judson F. Smith Jr., for appellant. Busch & Reed, Chad K. Reed, Nicole A. Scarborough, for appellees. BARNES, Judge. On December 17, 1999, CIT Group /Sales Financing (“CIT Group”) obtained a judgment in the State […]

Cook v. NC Two, L.P. (2011) Georgia Supreme Court

COOK v. NC TWO, L.P. 289 Ga. 462, 712 S.E.2d 831 (2011) Supreme Court of Georgia No. S10G1374. July 5, 2011. Blasingame, Burch, Garrard & Ashely, Patrick Hammond Garrard, Thomas H. Rogers, Jr., Athens, for appellant. Beth Ellen Rogers, Gregory Scott Krivio, for appellee. BENHAM, Justice. Appellee NC Two, L.P. filed a post-judgment garnishment action against a bank in […]