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Cml-Ga Social Circle, Llcv.Redcedar, Llc

CourtCourt of Appeals of Georgia
Docket No.A16A2193
DecidedMarch 15, 2017
JudgesCourt of Appeals of Georgia
Tags
CivilProperty LawContract LawSummary JudgmentStatutory InterpretationReversalDirect Appeal
Case Summary

CML-GA Social Circle and Redcedar litigated responsibility for timber cut and removed from property securing a debt. The trial court entered partial summary judgment for CML-GA on liability and for Redcedar on portions of the deficiency and damages claims. The Court of Appeals affirmed some rulings and reversed others. It held that the company that cut or removed the timber could be liable under Georgia’s timber statute even though it did not hold legal title to the land. The court also held that factual and legal questions remained concerning the amount of damages and whether the secured creditor could recover a deficiency after the timber and property transactions. The parties’ competing summary-judgment positions did not resolve those issues as a matter of law. The judgment was affirmed in part and reversed in part, with the affected claims left for further proceedings. Two judges concurred.

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