Wright v. Barnett Mortgage Co.
Court of Appeals of Georgia
1ConcurrenceSmith, Judge
I agree with the majority that the trial court correctly granted summary judgment to Barnett Mortgage Company.
I respectfully disagree, however, with the majority’s conclusion that sanctions are not warranted. This case is controlled adversely to Wright by Zeller v. Home Federal Savings &c., 220 Ga. App. 843 (471 SE2d 1) (1996). As noted by Barnett Mortgage, the similarity between the two cases is “uncanny.” Despite the applicability of Zeller, Wright attempts to show error by citing inapt statutes and by raising arguments not raised below, while ignoring Zeller. Although Barnett Mortgage…
2Cases cited3 opinions
- Zeller v. Home Federal Savings & Loan Ass'nCourt of Appeals of Georgia · 1996
- Suchnick v. SOUTHERN GENERAL INSURANCE COMPANYCourt of Appeals of Georgia · 1990
- Powell v. Bank South, N.A.Court of Appeals of Georgia · 1992