Stone Mountain Pool Supply Co. v. Imperial Pool Co., 67121
| Decision Date | 01 February 1984 |
| Docket Number | No. 67121,67121 |
| Citation | 316 S.E.2d 769,170 Ga.App. 283 |
| Parties | STONE MOUNTAIN POOL SUPPLY COMPANY v. IMPERIAL POOL COMPANY. |
| Court | Georgia Court of Appeals |
Ronald J. Armstrong, Tucker, for appellant.
Theodore P. Bianco, Stone Mountain, for appellee.
In an amended complaint, appellee Imperial Pool Company ("Imperial") brought suit against appellant Stone Mountain Pool Supply Company ("Pool Supply"), Stone Mountain Pool Company, ("Pool Supply"), Stone Mountain Pool Company Inc. ("Pool Company"), and an individual, alleging common law fraudulent transfer of assets. After appellant Pool Supply's motions for summary judgment, for directed verdict, and to dismiss were denied, a jury rendered a verdict for appellee against the three defendants. Only Pool Supply is a party to this appeal, and it takes issue with the denial of its motions mentioned above. We affirm.
1. Appellant's motion to dismiss was based on jurisdictional grounds. It contended that appellee's claim was one sounding in equity which was without the jurisdiction of the State Court of DeKalb County. However, OCGA § 18-2-21 states that "[c]reditors may attack as fraudulent a judgment, conveyance, or any other arrangement interfering with their rights, either at law or in equity." Furthermore, the relief sought by appellee was for money damages. Jones v. Van Vleck, 224 Ga. 796, 797, 164 S.E.2d 724. Inasmuch as the complaint, as amended, contains neither allegations of nor prayers for equitable relief, the trial court was correct when it denied the motion to dismiss.
2. Appellant also enumerates as error the denial of its motion for summary judgment. Talmadge v. Talmadge, 241 Ga. 609(1), 247 S.E.2d 61. See also Gosnell v. Waldrip, 158 Ga.App. 685(1), 282 S.E.2d 168; OCGA § 9-11-56(h).
3. Finally, appellant contends that its motion for directed verdict was erroneously denied. A directed verdict is authorized "[i]f there is no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable deductions therefrom, shall demand a particular verdict..." OCGA § 9-11-50. There...
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