Legal Opinion
Simon Property Group, Inc. v. Benson
Court of Appeals of Georgia
Decided July 14, 2006No. A05A2256PublishedCited by 7 opinions
1Opinion of the Court
Mikell, Judge.
We granted Simon Property Group, Inc., and Simon Property Group, L.P.’s (collectively, “Simon”) application for interlocutory appeal of the trial court’s order denying their motion to dismiss the complaint of Betty Benson and others (“plaintiffs”) for alleged violations of the Disposition of Unclaimed Property Act (“the DUPA”), OCGA § 44-12-190 et seq. We conclude that the DUPA does not apply to the property at issue because it has not been abandoned. Therefore, we reverse the judgment of the trial court.
A ruling on a motion to dismiss is reviewed de novo. Further,
[w]hen the…
2Cases cited10 opinions
- Douglas Aircraft Co. v. CranstonCalifornia Supreme Court · 1962
- Six Flags Over Georgia II, L.P. v. KullSupreme Court of Georgia · 2003
- People Ex Rel. Callahan v. Marshall Field & Co.Appellate Court of Illinois · 1980
- Boswell v. Citronelle-Mobile Gathering, Inc.Supreme Court of Alabama · 1974
- BankWest, Inc. v. OxendineCourt of Appeals of Georgia · 2004
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In Re HoltUnited States Bankruptcy Court, M.D. Georgia · 2006
- Odum v. StateCourt of Appeals of Georgia · 2007
- Benson v. Simon Property Group, Inc.Supreme Court of Georgia · 2007
- Mancuso v. STEYAARDCourt of Appeals of Georgia · 2006
- BELLSOUTH TELECOMMUNICATIONS, LLC Et Al. v. COBB COUNTY Et Al.Court of Appeals of Georgia · 2017
2 more not listed; retrieve them via the Exa API.