SunTrust Bank v. Hightower
Court of Appeals of Georgia
1Opinion of the Court
Phipps, Judge.
Chad Hightower, individually and on behalf of similarly situated Georgia citizens, filed this class action against SunTrust Bank, demanding liquidated damages under OCGA § 44-14-3 (c) based on SunTrust’s failure to have their security deeds cancelled within 60 days after they had fully paid the secured debts. Before Hightower obtained class action certification, SunTrust filed a motion to dismiss arguing that Hightower had failed to comply with a requirement of OCGA § 44-14-3 (c) that he make a written demand for liquidated damages before filing suit. Following a hearing, the…
2Cases cited10 opinions
- General Electric Credit Corp. v. BrooksSupreme Court of Georgia · 1978
- Heritage Creek Development Corp. v. Colonial BankCourt of Appeals of Georgia · 2004
- JMIC Life Insurance Co. v. TooleCourt of Appeals of Georgia · 2006
- Mitchell v. OliverSupreme Court of Georgia · 1985
- Franklin Credit Management Corp. v. FriedenbergCourt of Appeals of Georgia · 2005
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