Legal Opinion

DuBarton Enterprises, LLC v. Appalachian Community Bank

Court of Appeals of Georgia

Decided June 1, 2010No. A10A0858PublishedCited by 1 opinion

1Opinion of the Court

JOHNSON, Judge.

Appalachian Community Bank loaned approximately $621,000 to DuBarton Enterprises, LLC. DuBarton defaulted on the loan, and Appalachian began foreclosure proceedings pursuant to the Security Deed and Agreement that was executed in conjunction with the loan. DuBarton filed a complaint against Appalachian, alleging negligence and fraud by the bank. DuBarton also moved for an interlocutory injunction, seeking to enjoin the foreclosure. The trial court denied the motion, and DuBarton appeals.

“The grant or denial of an interlocutory injunction rests in the sound discretion of the…

2Cases cited5 opinions

  1. Benton v. PatelSupreme Court of Georgia · 1987
  2. Cherokee County v. City of Holly SpringsSupreme Court of Georgia · 2008
  3. Westpark Walk Owners, LLC v. Stewart Holdings, LLCCourt of Appeals of Georgia · 2007
  4. E-Lane Pine Hills, LLC v. FerdinandCourt of Appeals of Georgia · 2005
  5. SHIVA MANAGEMENT, LLC v. WalkerSupreme Court of Georgia · 2008

3Cited by1 opinion

  1. Oconee Federal Savings and Loan Association v. Kenneth A. BrownCourt of Appeals of Georgia · 2019

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