Farm & Home Life Ins. Co. v. Skelton
Decision Date | 01 December 1998 |
Docket Number | No. A98A1218, No. A98A1219. |
Citation | 510 S.E.2d 76,235 Ga. App. 507 |
Court | Georgia Court of Appeals |
Parties | FARM & HOME LIFE INSURANCE COMPANY v. SKELTON. Fleet Finance, Inc. v. Skelton. |
OPINION TEXT STARTS HERE
Macey, Wilensky, Cohen, Wittner & Kessler, Susan L. Howick, Atlanta, for appellant (case no. 198A1218).
Womble, Carlyle, Sandridge & Rice, Nisbet S. Kendrick III, Atlanta, for appellant (case no. 198A1219).
Troutman Sanders, Richard W. Gerakitis, Cashin, Morton & Mullins, Harry L. Cashin, Jr., Atlanta, for appellee.
Fleet Finance, Inc. of Georgia ("Fleet") retained attorney John L. Skelton, Jr. to collect accounts receivable, consisting of several purchase money notes and security deeds ("the collateral debts"), which Fleet held as collateral for certain loans ("the capital loans"). Fleet agreed to pay attorney Skelton a 25 percent contingency fee, plus expenses. Attorney Skelton initiated collection proceedings and acquired consent judgments which required periodic payments to satisfy a number of the collateral debts. Upon receiving these installments, attorney Skelton disbursed 75 percent of the proceeds to Fleet and retained 25 percent as attorney fees.
When the capital loans were satisfied, Fleet was obliged to assign the accounts receivable to a subordinate creditor that held interests in the accounts receivable—Chris Herstam, Director of Insurance and Domiciliary Receiver of Farm & Home Life Insurance Company, an Arizona Corporation ("the Receiver"). The Receiver, however, did not retain attorney Skelton and a dispute arose over attorney Skelton's attorney fee liens (encumbering the Gilmer County, Gordon County and Murray County realty which secured the collateral debts) and attorney Skelton's retention of 25 percent of the consent judgment installment payments.
Attorney Skelton initiated a declaratory judgment action against the Receiver and Fleet in the Cobb County, Georgia Superior Court, seeking a declaration of his rights to assert liens for 25 percent of the consent judgment installment payments. The Receiver filed a counterclaim, pertinently alleging that attorney Skelton wrongfully clouded title to the Gilmer County, Gordon County, and Murray County realty that secured the collateral debts. The Receiver also filed a motion to dismiss, alleging that attorney Skelton's declaratory judgment action violated an Arizona order prohibiting the enforcement of any lien against the collateral debts.1 The Receiver and Fleet later filed cross-motions for summary judgment and attorney Skelton filed a motion for a summary declaration of his rights.
The trial court denied the Receiver's motion to dismiss and denied Fleet's motion for summary judgment. The trial court partially granted summary judgment in favor of the Receiver by ordering the dissolution of attorney Skelton's attorney fee liens in Gilmer County, Gordon County, and Murray County, Georgia. The trial court, however, did not address the Receiver's defamation of title to realty counterclaim. The trial court granted summary judgment to attorney Skelton by declaring "that [attorney Skelton] may properly and legally enjoy all rights in and to his attorney fees incurred during his employment for Fleet wherein [attorney Skelton] secured installment judgments [and that attorney Skelton] has a right to twenty-five percent of the judgments he secured on behalf of Fleet." The Receiver appeals this order in Case no. A98A1218, and Fleet cross-appeals in Case no. A98A1219. Held:
...
To continue reading
Request your trial-
Pinnacle Benning, LLC v. Clark Realty Capital, LLC
...(2010) (punctuation omitted). 10. See id. 11. Id. at 799(1), 702 S.E.2d 910 (punctuation omitted). 12. Farm & Home Life Ins. Co. v. Skelton, 235 Ga.App. 507, 508, 510 S.E.2d 76 (1998) (emphasis supplied) (punctuation omitted). 13. Id. (punctuation omitted); see also Milton Frank Allen Publ'......
-
Oconee Fed. Sav. & Loan Ass'n v. Brown
...rather than after he has stepped in a hole.(Citations and punctuation omitted; emphasis in original.) Farm & Home Life Ins. Co. v. Skelton, 235 Ga. App. 507, 508, 510 S.E.2d 76 (1998). An actual controversy ripe for adjudication does not necessarily reflect a justiciable controversy for pur......
-
Richardson v. Phillips
...rather than after he has stepped in a hole. (Citations and punctuation omitted; emphasis in original.) Farm & Home Life Ins. Co. v. Skelton, 235 Ga.App. 507, 508, 510 S.E.2d 76 (1998). See also State Farm etc., Ins. Co. v. Allstate Ins. Co., 132 Ga.App. 332, 334, 208 S.E.2d 170 (1974) (a de......
-
Watts v. Promina Gwinnett Health System, A00A0368.
...142 Ga.App. 626-627(1), 236 S.E.2d 889 (1977)." Oxford Finance Cos. v. Dennis, 185 Ga.App. 177, 363 S.E.2d 614. Farm &c. Ins. Co. v. Skelton, 235 Ga.App. 507, 508, 510 S.E.2d 76. In accordance with our holding in Division 1 that Watts has waived her claims against Gwinnett, it is clear that......