A.J. Stanton, Jr., P.A. v. Ivey

COBB, Judge.

The appellant, Stanton, as plaintiff below, filed a mortgage foreclosure action against Ivey based upon a 1984 note and mortgage in the amount of $10,000 executed by the latter in settlement of an attorney’s fee dispute. Ivey admittedly defaulted on the note; he defended the action by raising the equitable defense of unclean hands. This defense was based upon Ivey’s contention that at the time of settlement he was not aware that Stanton had improperly represented other clients with interests conflicting with his, thereby breaching a fiduciary duty.

A partial summary judgment was…