Dunbar v. Jacksonville National Bank
Dunbar v. Jacksonville National Bank
Opinion of the Court
Jacksonville National Bank filed an action against Betty W. Dunbar for judicial foreclosure of property under certain deeds to secure debt.
Earlier foreclosure proceedings were instituted by the Bank by advertisement in the official legal organ pursuant to the power of sale contained in the deeds to secure debt. On that occasion, appellant contacted the Bank and seeking to avoid foreclosure, entered into a written settlement agreement with the Bank dated April 11,1979. As a part of the agreement, appellant acknowledged the validity of the debt and the deeds to secure debt and renounced all defenses, set-offs and claims against the Bank. In return, appellant received an extension of time, additional funds to improve the property for sale and a grace period until August 31, 1979 to allow her to sell the property.
The property was improved with the additional funds but appellant did not sell it within the stipulated period of time. The Bank then brought the present foreclosure action and subsequently filed a motion for summary judgment, which was granted.
1. Appellant contends that the trial court erred by granting the Bank’s motion for summary judgment because there were questions of fact remaining with regard to the Bank’s breach of the settlement agreement. On deposition Dunbar complained that the Bank defaulted on its agreement by not advancing funds or completing the improvements on the property by May 15, 1979. The agreement provided: “The parties will cooperate in good faith to attempt to
2. Appellant contends the trial court failed to consider her deposition testimony which raised questions of fact regarding failure by the Bank to advance money for repairs promptly, thus shortening the period of time in which she could complete the sale of the property. The judge’s order recited that he had considered “... the deposition tendered by the plaintiff’ although appellant’s original deposition remained sealed in the clerk’s office. Dunbar’s deposition testimony pertaining to her defense was quoted correctly in appellee’s brief to the trial court. This court has reviewed appellant’s deposition and we find that the material facts set forth in the deposition were fully considered by the trial court. The trial judge’s excellent nine-page order demonstrates conclusively that appellant’s deposition was fully considered. General Motors Corp. v. Walker, 244 Ga. 191 (259 SE2d 449) (1979). Thus, appellant’s contention is without merit.
3. Appellant contends that the trial court erred in requiring supersedeas bond. However, since appellant failed to support this enumeration with argument or citation of authority, we deem it abandoned. Cardell v. Jackson, 153 Ga. App. 124, 125 (264 SE2d 488) (1980).
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.