Georgia Court of Appeals, 2010

Eppinger v. Bank of America, N.A. (USA)

Georgia Court of Appeals · Decided February 23, 2010 · Smith, Phipps, Bernes

691 S.E.2d 331; 302 Ga. App. 450; 2010 Fulton County D. Rep. 570; 2010 Ga. App. LEXIS 153 (South Eastern Reporter, Second Series)

Opinion

SMITH, Presiding Judge.

Martha L. Eppinger appeals from the tried court’s order granting summary judgment in favor of Bank of America on a claim for a deficiency on a retail installment contract.

Appellee acknowledges that the notice letter attached to its *451 motion for summary judgment does not comply with OCGA § 10-1-36 (a), and “concedes that it has not, as a matter of law, shown compliance with OCGA § 10-1-36 [(a)]” and that “this case must be remanded to the trial court.”

Decided February 23, 2010. Don E. Snow, for appellant. Dennis E. Henry, for appellee.

We therefore do not reach appellant’s remaining enumeration of error.

Judgment reversed.

Phipps and Bernes, JJ., concur.

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