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Michael Joseph Dixon Et Al.v.Branch Banking And Trust Company

CourtCourt of Appeals of Georgia
Docket No.A18A2010
DecidedMarch 8, 2019
JudgesCourt of Appeals of Georgia
Tags
CivilProperty LawProperty TitleFraudCivil ProcedureReversalRemand
Case Summary

Michael Dixon sued Branch Banking and Trust after the bank foreclosed on property formerly owned by his grandmother. The complaint asserted wrongful foreclosure, malicious interference with property, fraud, and RICO claims. The trial court dismissed those claims, and Dixon appealed after the bank voluntarily dismissed its counterclaims. The Court of Appeals reversed most of the dismissal. It held that the allegations did not establish with certainty that Dixon could prove no set of facts entitling him to relief. The court directed the trial court to treat the dismissal motion as a motion for a more definite statement concerning justifiable reliance, an element of fraud and of the alleged RICO predicate of theft by deception. Dixon’s claim for emotional-distress damages remained dismissed because he had expressly agreed to that result. The court emphasized that Georgia’s notice pleading standard does not require a complaint to recite every element of a claim at the outset. A dissent would have affirmed because Dixon lacked the required property interest or privity to challenge defects in the security deed supporting the foreclosure. The mixed ruling preserved most of the suit while requiring clearer pleading on reliance.

Opinion

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