Legal Opinion

Danco Financial, Inc. v. Mauldin Body Shop, Inc.

Court of Appeals of Georgia

Decided April 16, 2009No. A09A0627Published

1Opinion of the Court

JOHNSON, Presiding Judge.

We granted discretionary review in this case to determine whether the trial court erred in awarding damages to Mauldin Body Shop, Inc., despite Mauldin’s failure to strictly comply with the abandoned motor vehicle statute, OCGA § 40-11-2. Because we find that strict compliance with the statute is a prerequisite to recovery, we reverse the trial court’s award of damages to Mauldin.

The applicable facts of the case are not in dispute. Danco Financial, Inc. is a lienholder of a vehicle that was involved in an accident on September 11, 2007. The registered owner’s son…

2Cases cited4 opinions

  1. Benning Construction Co. v. Dykes Paving & Construction Co.Supreme Court of Georgia · 1993
  2. First National Bank v. Alvin Worley & Sons, Inc.Court of Appeals of Georgia · 1996
  3. A Tow, Inc. v. WilliamsCourt of Appeals of Georgia · 2000
  4. Purser Truck Sales, Inc. v. HortonCourt of Appeals of Georgia · 2005

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