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· 3/10/2010

Banks v. Echols

Citations

  • 691 S.E.2d 667
  • 302 Ga. App. 772
  • 2010 Fulton County D. Rep. 786
  • 2010 Ga. App. LEXIS 228

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that because trial court had not ruled on appellant’s counterclaim prior to appeal, that issue was not ripe for appellate review and remained pending in the trial court
  • party cannot rely on default judgment against one defendant to obtain judgment authorizing foreclosure against co-defendant who had denied complaint allegations and raised affirmative defenses to claims
  • “this Court cannot address any issue on which the trial court did not rule”
  • “[e]vidence of a debtor’s repeated late, irregular payments, which are accepted by the seller, creates a factual dispute as to whether a quasi new agreement was created under OCGA § 13- 4-4”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bernes, Smith, Phipps

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.