Roberts v. Roberts

Sognier, Chief Judge.

Horace W. (“Bob”) Roberts brought a dispossessory action against his nephew, Randolph (“Randy”) Roberts, in the Magistrate Court of Clayton County, seeking possession of a house he had rented to Randy. Randy answered and counterclaimed for damages under several theories, and the action was transferred to the State Court of Clayton County. Before the case came to trial, Randy vacated the premises, rendering moot the action for possession. At the trial on the counterclaim, at the close of Randy’s evidence the trial court granted Bob’s motion for directed verdict, and Randy…