Pollard v. First Nat. Bank of Albany, 66911

Decision Date31 January 1984
Docket NumberNo. 66911,66911
Citation313 S.E.2d 785,169 Ga.App. 598
PartiesPOLLARD et al. v. FIRST NATIONAL BANK OF ALBANY.
CourtGeorgia Court of Appeals

George W. Woodall, Albany, for appellants.

James H. Moore III, Atlanta, for appellee.

SOGNIER, Judge.

First National Bank of Albany (the Bank) sued Reginald and Joan Pollard seeking in one count to obtain a deficiency judgment and in the second to cancel certain deeds. This appeal concerns the first count only. Reginald Pollard executed two promissory notes with the Bank, one in his individual capacity and one as endorser for his business, South Georgia Irrigation, Inc. After Pollard's alleged default, real property securing the notes was sold, as was certain personal property belonging to Pollard and his business, which was seized under a writ of possession. The trial court granted the Bank's motion for partial summary judgment on the first count of its complaint and the Pollards appeal.

1. Appellants contend that the trial court erred by granting summary judgment in favor of appellee because a genuine issue of fact remains as to the amount of the indebtedness owed, if any. Appellants admitted that Reginald Pollard was indebted to appellee under the notes but raised the defense of payment.

Appellee supported its motion for partial summary judgment with the affidavit of its agent setting forth the computation of the deficiency claimed. Appellants' opposing affidavit disputed the total amount of indebtedness used by appellee to compute the deficiency and asserted that appellee had failed to credit a payment of $4900 or to subtract from the total indebtedness the sale proceeds from certain vehicles in the amounts of $5950, $1300, and $3800.

Appellants' admission of indebtedness under the notes establishes appellee's prima facie case for recovery; thus, appellee carried its initial burden of showing the absence of any material fact and of entitlement to judgment on the notes. See Ga. Grain &c. Co. v. First Ga. Bank, 142 Ga.App. 709, 710(3), 236 S.E.2d 913 (1977). It then became incumbent upon appellants to come forward with "specific facts showing that there is a genuine issue for trial." OCGA § 9-11-56(e) (Code Ann. § 81A-156); Hathcock v. Nat. Bank of Ga., 147 Ga.App. 134, 248 S.E.2d 206 (1978). Appellants' bare, unsupported denial that the total amount of indebtedness from which the deficiency was computed was correct was insufficient to create a genuine fact issue. Concept-Nat. v. DiMattina Supply. Co., 147 Ga.App. 865, 866, 250 S.E.2d 552 (1978); Hathcock, supra; Young v. Climatrol Southeast &c. Corp., 141 Ga.App. 235, 233 S.E.2d 54 (1977). However, we find that appellants did set forth specific facts sufficient to raise a factual issue as to whether proper credit was given for all payments and sales proceeds. While it appears from the record that the proceeds of the sales of the $1300 and $3800 items were included in appellee's computation, the record does not disclose that the $4900 payment and the $5950 sales proceeds were credited.

Ordinarily, summary judgment offers a speedy and efficient disposition of a case where there is an executed promissory note and the sole question is how much, if any, is due. Nevertheless, in this instance, appellant's specific denial that appellee had credited the amounts averred prevents us from affirming the trial court's judgment in any specific amount. See Foskey v. Smith, 159 Ga.App. 163,...

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  • FAS Capital, LLC v. Carr
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Georgia
    • March 20, 2014
    ...at ¶¶ 51–58.) A debtor's admission of default establishes his creditor's prima facie case for recovery. Pollard v. First Nat'l Bank of Albany, 169 Ga.App. 598, 598, 313 S.E.2d 785 (1984).2 See also Shropshire v. Alostar Bank of Commerce, 314 Ga.App. 310, 315, 724 S.E.2d 33 (2012) (“As to li......
  • Fas Capital, LLC v. Carr, Civil Action No. 1:11–cv–3224–JEC.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Georgia
    • March 20, 2014
    ...51–58.) A debtor's admission of default establishes his creditor's prima facie case for recovery. Pollard v. First Nat'l Bank of Albany, 169 Ga.App. 598, 598, 313 S.E.2d 785 (1984).2See also Shropshire v. Alostar Bank of Commerce, 314 Ga.App. 310, 315, 724 S.E.2d 33 (2012) (“As to liability......
  • NEEDREPLACE, Civil Action No. 1:11–cv–3224–JEC.
    • United States
    • New York District Court
    • March 20, 2014
    ...51–58.) A debtor's admission of default establishes his creditor's prima facie case for recovery. Pollard v. First Nat'l Bank of Albany, 169 Ga.App. 598, 598, 313 S.E.2d 785 (1984).2 See also Shropshire v. Alostar Bank of Commerce, 314 Ga.App. 310, 315, 724 S.E.2d 33 (2012) (“As to liabilit......
  • Pollard v. Trust Co. Bank of Southern Georgia, N.A., 70068
    • United States
    • United States Court of Appeals (Georgia)
    • June 26, 1985
    ...action against appellant, seeking, insofar as is relevant to the instant appeal, a deficiency judgment. In Pollard v. First Nat. Bank, 169 Ga.App. 598, 313 S.E.2d 785 (1984), we reversed the grant of summary judgment in favor of the Bank. After that reversal, the case was returned to the tr......
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