Court of Appeals of the State of Georgia ATLANTA, December 11, 2012 The Court of Appeals hereby passes the following order A13I0085. CHEROKEE POINTE, LLC et al v. NEW HORIZON BANK et al .

Upon consideration of the Application for Interlocutory Appeal, it is ordered that it be hereby DENIED.

LC NUMBERS: 2011SUCV49

Court of Appeals of the State of Georgia Clerk's Office, Atlanta, December 11, 2012.

I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.