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Mashburn Construction, Lp, Et Al.v.Charterbank

CourtCourt of Appeals of Georgia
Docket No.A16A1530
DecidedMarch 9, 2017
Reporter280 Ga. 468
JudgesCourt of Appeals of Georgia
Tags
CivilContract LawContract InterpretationSummary JudgmentReversalRemandDirect Appeal
Case Summary

Mashburn Construction disputed CharterBank’s claim for a deficiency judgment after foreclosure. The trial court granted CharterBank summary judgment on the note and related claims. The Court of Appeals affirmed in part and reversed in part. It held that the record established some aspects of the debt, but factual disputes remained concerning the calculation of the amount owed and whether the bank’s conduct or representations estopped it from seeking the full deficiency. The court also held that the trial court could not resolve those disputes on an incomplete summary-judgment record. The judgment was therefore affirmed as to claims supported as a matter of law and reversed as to the disputed deficiency issues. The case was remanded for further proceedings consistent with the opinion. Two judges concurred.

Opinion

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Mashburn Construction, Lp, Et Al. V. Charterbank — The Atlanta Gleaner