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Cumberland Contractors, Inc. et al.v.State Bank And Trust Company

CourtCourt of Appeals of Georgia
Docket No.A13A2221
DecidedMarch 18, 2014
Reporter327 Ga. App. 121, 755 S.E.2d 511
JudgesWhole court; Judge Miller authored the opinion; all participating judges concurred, and Judge Dillard was disqualified
Tags
CivilContract LawCivil ProcedureSummary JudgmentTort LawReversal
Case Summary

In docket A13A2221, State Bank sued Cumberland Contractors and Michael and Lucy Thomas to collect on notes and guarantees; the appeal challenged the bank’s proof of assignment, dismissal of counterclaims, and denial of a motion to enforce settlement. The Court of Appeals held that the FDIC’s written assignment and admissible bank records established State Bank’s right to enforce the loan documents. It affirmed dismissal of the Thomases’ privacy and emotional-distress counterclaims because their allegations about disclosure of Social Security numbers did not state either tort, while clarifying that a pleading privilege does not independently bar an invasion-of-privacy claim. The court reversed the denial of the settlement motion because a February 8, 2012 email recorded definite settlement terms and did not condition agreement on later documents; it therefore did not reach the defendants’ remaining enumerations. The judgment in docket A13A2221 was reversed.

Opinion

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Cumberland Contractors, Inc. et al. v. State Bank And Trust Company — The Atlanta Gleaner