Legal Opinion

Palmer v. Duncan Wholesale, Inc.

Supreme Court of Georgia

Decided February 13, 1992No. S91G0484PublishedCited by 19 opinions

1Opinion of the Court

Fletcher, Justice.

We granted a writ of certiorari to the Court of Appeals in Duncan Wholesale v. Palmer, 198 Ga. App. 255 (401 SE2d 291) (1990) to consider whether a materialman, who has lost his lien for failure to comply with the notice requirement of OCGA § 44-14-361.1 (a) (3), may take advantage of a subsequent bankruptcy filing by the contractor and breathe new life into the lien by proceeding under OCGA § 44-14-361.1 (a) (4). We hold that he cannot and reverse the decision of the Court of Appeals.

The Palmers contracted for the construction of a residence with the contractor to be…

2Cases cited3 opinions

  1. Green v. Farrar Lumber Co.Supreme Court of Georgia · 1903
  2. Noland Co. v. Ford Motor Co.Supreme Court of Georgia · 1988
  3. Duncan Wholesale, Inc. v. PalmerCourt of Appeals of Georgia · 1990

3Cited by19 opinions

  1. Few v. Capitol Materials, Inc.Supreme Court of Georgia · 2002
  2. Mull v. Mickey's Lumber & Supply Co.Court of Appeals of Georgia · 1995
  3. Browning v. Gaster Lumber Co.Supreme Court of Georgia · 1996
  4. U. S. Filter Distribution Group, Inc. v. BarnettSupreme Court of Georgia · 2000
  5. Gwinnett-Club Associates, L.P. v. Southern Electric Supply Co.Court of Appeals of Georgia · 2000

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