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W. Henry Schwab, Jr.v.Theodore Jackson Et Al.

CourtCourt of Appeals of Georgia
Docket No.A18A2071
DecidedJanuary 23, 2019
JudgesCourt of Appeals of Georgia
Tags
CivilCivil ProcedureProperty LawSummary JudgmentDue ProcessReversalVacaturRemand
Case Summary

W. Henry Schwab sought an emergency order preventing the judicial sale of his Atlanta condominium, arguing that the sale violated his Chapter 11 reorganization plan. The superior court dissolved the temporary restraining order, dismissed the action, and later imposed sanctions for violating an earlier bill of peace that restricted Schwab’s related filings. The Court of Appeals reversed the dismissal and vacated the sanctions order. The trial court had not given Schwab a meaningful opportunity to respond to the defendants’ motion or request a hearing, and the limited record did not permit the appellate court to determine whether the earlier injunction actually barred this bankruptcy-related action. The court directed the trial court on remand to consider the pleadings, provide an opportunity for response and hearing, and decide whether the bill of peace applied. Because the sanctions order rested on the reversed dismissal and injunction ruling, it could not stand at that stage.

Opinion

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W. Henry Schwab, Jr. V. Theodore Jackson Et Al. — The Atlanta Gleaner