Legal Opinion

Citizens Bank of Effingham v. Rocky Mountain Enterprises, LLC

Court of Appeals of Georgia

Decided March 22, 2011No. A10A2203PublishedCited by 3 opinions

1Opinion of the Court

BARNES, Presiding Judge.

Following the dismissal of its petition pursuant to OCGA § 44-14-161 for confirmation of a foreclosure sale on certain property in Effingham County, Citizens Bank of Effingham (“the Bank”) appeals, contending that the trial court erred in finding that, by filing the application with the clerk of the court rather than with the superior court judge, the Bank failed to comply with the requirements of OCGA § 44-14-161 (a). For the reasons set forth below, we affirm.

“The trial court is the trier of fact in a confirmation proceeding, and an appellate court will not disturb…

2Cases cited11 opinions

  1. Vlass v. Security Pacific National BankSupreme Court of Georgia · 1993
  2. McCain v. GallowayCourt of Appeals of Georgia · 2004
  3. Washington v. HarrisonCourt of Appeals of Georgia · 2009
  4. Nash v. Compass BankCourt of Appeals of Georgia · 2009
  5. Jonesboro Investment Trust Ass'n v. DonnellyCourt of Appeals of Georgia · 1977

6 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Howser Mill Homes, LLC v. Branch Banking & Trust Co.Court of Appeals of Georgia · 2012
  2. Howser Mill Homes, LLC v. Branch Banking and TrustCourt of Appeals of Georgia · 2012
  3. Yellow Creek Investments, LLC v. Multibank 2009-1 Cre Venture, LLCCourt of Appeals of Georgia · 2014

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