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Executive Cars, Llcv.Western Funding, Ii, Inc.

CourtCourt of Appeals of Georgia
Docket No.A18A2076
DecidedMarch 14, 2019
JudgesCourt of Appeals of Georgia
Tags
CivilProperty LawProperty TitleDeclaratory JudgmentSummary JudgmentReversalRemand
Case Summary

Western Funding claimed a priority lien in a Toyota Camry that it possessed, while Executive Cars argued that the vehicle had been stolen from its inventory and sought its return and related damages. The trial court granted Western Funding summary judgment and required Executive Cars to post a supersedeas bond during the appeal. The Court of Appeals reversed the merits judgment and remanded for entry of judgment in Executive Cars’s favor. It concluded that the undisputed evidence showed the Camry was stolen, so Western Funding could not obtain the requested priority lien against Executive Cars. Because that ruling resolved the merits appeal, the separate appeal concerning the ten-thousand-dollar supersedeas bond became moot and was dismissed. The decision addresses ownership, title, secured interests, summary judgment, and the practical effect of mootness after appellate relief.

Opinion

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Executive Cars, Llc V. Western Funding, Ii, Inc. — The Atlanta Gleaner