Bitt International Co. v. Fletcher

Eldridge, Judge.

This is an appeal from the foreclosure judgment for Joe Fletcher of a landlord’s lien on crops against BITT International Company, Inc. (“BITT”), tenant. After a probable cause hearing under OCGA § 44-14-550, the trial court found probable cause for an evidentiary hearing, and BITT posted a bond for $33,000 in lieu of the growing crop; however, the entire crop was lost prior to the evidentiary hearing.

1. BITT contends that the trial court erred in denying it a jury trial. We do not agree.

The Crop Lien Foreclosure Statute did not exist at common law and is a statutory creation…