Legal Opinion

Emerson v. BROOKMERE HOMEOWNERS ASSOCIATION, INC.

Court of Appeals of Georgia

Decided August 8, 2011No. A11A1016PublishedCited by 12 opinions

1Opinion of the CourtEllington, Chief Judge

Pursuant to a granted discretionary appeal, Regina Emerson challenges an order of the Superior Court of Cobb County that granted partial summary judgment to Brookmere Homeowners Association, Inc., on its claim for attorney fees pursuant to OCGA § 13-6-11, in the amount of $5,000. For the following reasons, we reverse.

The relevant, undisputed facts show Emerson owns property in the Brookmere subdivision. Brookmere filed suit against Emerson to foreclose on a lien and to collect unpaid homeowners association assessments, fines, late fees, interest, court costs, and assessed attorney fees…

2Cases cited2 opinions

  1. Cox Interior, Inc. v. Bayland Properties, LLCCourt of Appeals of Georgia · 2008
  2. Dennis-Smith v. FreemanCourt of Appeals of Georgia · 2006

3Cited by12 opinions

  1. Canton Plaza, Inc. v. Regions Bank, Inc.Court of Appeals of Georgia · 2012
  2. Albert P. Crutchfield v. Xavier LewisCourt of Appeals of Georgia · 2014
  3. BRIAN SIMPSON v. GREG HUSFELDCourt of Appeals of Georgia · 2022
  4. David Bergman v. Imports Only, Inc.Court of Appeals of Georgia · 2016
  5. Dawn E. Johnson v. Amhurst Homeowners Association, Inc.Court of Appeals of Georgia · 2015

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