Phoenix Properties of Atlanta, Inc. v. Umstead

Bowles, Justice.

Phoenix Properties filed an action seeking to have a consent judgment confirming a sale under power set aside. It contended that the consent judgment was based on a mutual mistake as to the fair market value of the equities of redemption of the properties sold. Summary judgment was granted to the defendants and Phoenix appeals. We affirm.

Phoenix maintains that there is a question of fact as to mutual mistake arguing that the affidavit of one defendant on behalf of all does not negate mutual mistake by any of the other defendants. We need not decide that issue since we have…