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The Bank Of New York Mellon F/K/A The Bank Of New York Et Al.v.Jerome M. Edmondson Et Al.

CourtCourt of Appeals of Georgia
Docket No.A17A1640
DecidedMarch 1, 2018
Reporter328 Ga. App. 474
JudgesCourt of Appeals of Georgia
Tags
CivilProperty LawProperty TitleCivil ProcedureDeclaratory JudgmentDamagesReversal
Case Summary

The Bank of New York Mellon sued to replace a lost security deed, reform the county records, obtain declaratory relief, or impose an equitable lien on property owned by Jerome and Alena Edmondson. After a bench trial, the court found that signatures on Mellon’s replacement deed were forged, denied equitable relief under the unclean-hands doctrine, and awarded the Edmondsons $9,000 in attorney fees. The Georgia Court of Appeals affirmed the factual ruling that defeated Mellon’s equitable claims but reversed the fee award. The trial court had not identified a statutory basis for the fees or made findings supporting them, and the record contained no evidence establishing the amount or reasonableness of the fees. The appellate court held that a closing-argument statement that the Edmondsons had incurred costs above $9,000 was not enough. The judgment was affirmed in part and reversed in part.

Opinion

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The Bank Of New York Mellon F/K/A The Bank Of New York Et Al. V. Jerome M. Edmondson Et Al. — The Atlanta Gleaner