Legal Opinion · Concurrence
Quattlebaum v. Ameribank, N.A.
Court of Appeals of Georgia
Decided June 12, 1997No. A97A0259Published
1ConcurrenceBeasley, Judge
The pivotal issue is whether the notice to debtor Quattlebaum was adequate to serve the purpose contemplated by OCGA § 44-14-161 (c), which requires that “[t]he court shall direct that a notice of the hearing shall be given to the debtor at least five days prior thereto. . . .”
There is no doubt that personal service on Quattlebaum was made by the sheriff, as we held is necessary in Ameribank, N.A. v. Quattlebaum, 220 Ga. App. 345, 347 (2) (469 SE2d 462) (1996), and that it was timely. The problem is that the notice was not a rule nisi directed by the court.2 It was a notice from the attorney…
2Cases cited8 opinions
- First National Bank & Trust Co. v. KunesSupreme Court of Georgia · 1973
- First National Bank & Trust Co. v. KunesCourt of Appeals of Georgia · 1973
- Vlass v. Security Pacific National BankSupreme Court of Georgia · 1993
- Henry v. Hiwassee Land Co.Supreme Court of Georgia · 1980
- Ameribank, N.A. v. QuattlebaumCourt of Appeals of Georgia · 1996
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