Legal Opinion · Concurrence

Balest v. Simmons

Court of Appeals of Georgia

Decided October 23, 1991No. A91A1304Published

1ConcurrenceCooper, Judge

Upon further review, I conclude that the affidavit submitted by the appellee in Drywall Supply &c. v. Diversified Shelter &c., 198 Ga. App. 549 (402 SE2d 321) (1991), who was the owner of the property, was in effect an owner’s affidavit. As such, the affidavit could only be utilized in the context of a sale or a loan on the property. OCGA § 44-14-361.2 (a) (2) (A). Since neither of these situations was involved in Drywall, the affidavit should not have been considered.

2Cases cited1 opinion

  1. Drywall Supply of America, Inc. v. Diversified Shelter Group, Ltd.Court of Appeals of Georgia · 1991