The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Habeeb Uddinv.Country Place Condominium Association, Inc.

CourtCourt of Appeals of Georgia
Docket No.A17A0448
DecidedMarch 29, 2017
JudgesCourt of Appeals of Georgia
Tags
CivilCivil ProcedureDue ProcessSummary JudgmentProperty LawConstitutional Law
Case Summary

Country Place Condominium Association sued Habeeb Uddin for judicial foreclosure of its lien and unpaid association fees. Uddin, proceeding without a lawyer, listed an Atlanta address in his answer and verification, but the association mailed its summary-judgment motion to the Alpharetta address where the complaint had been served. Uddin did not respond, and the trial court granted summary judgment to the association. The Georgia Court of Appeals held that service of a motion by mail must use the party’s last known address and that due process requires a reasonable opportunity to respond before summary judgment is entered. Because a simple review of the record would have revealed Uddin’s different address, mailing the motion to the earlier address deprived him of notice and an opportunity to be heard. The court vacated the final judgment and remanded with direction for the trial court to allow Uddin to respond before ruling on the motion.

Opinion

Loading published copy…

The Far Side
Habeeb Uddin V. Country Place Condominium Association, Inc. — The Atlanta Gleaner