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Callaway Blue Springs, Lllpv.West Basin Capital, Llc

CourtCourt of Appeals of Georgia
Docket No.A17A0130
DecidedJune 5, 2017
Reporter331 Ga. App. 231
JudgesCourt of Appeals of Georgia
Tags
CivilCivil ProcedureFraudStandingStatutory InterpretationPreliminary InjunctionReversal
Case Summary

Callaway Blue Springs appealed rulings that substituted West Basin Capital as the plaintiff in a Uniform Fraudulent Transfer Act action, granted West Basin an interlocutory injunction, and denied Callaway’s summary-judgment motion. The Georgia Court of Appeals held that West Basin, as an assignee of the underlying judgment and related rights, lacked standing to pursue the fraudulent-transfer claim because Georgia law did not permit assignment of that claim. The court explained that the statutory cause of action was personal to the creditor whose property or rights were allegedly impaired and could not be transferred merely by assigning the debt. Because standing was absent, the trial court could not retain West Basin as plaintiff or grant it injunctive relief on that claim. The court reversed the challenged rulings.

Opinion

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Callaway Blue Springs, Lllp V. West Basin Capital, Llc — The Atlanta Gleaner