Bourff v. Green Tree Servicing, LLC
321 Ga. App. 320
| Ga. Ct. App. | 2013Background
- Bourff, pro se, filed a complaint alleging unlawful debt collection by Green Tree Servicing, LLC.
- Green Tree answered and counterclaimed for two defaulted real estate loans and attorney fees.
- Green Tree moved for summary judgment on both the complaint and its counterclaim; the trial court granted the motion.
- Bourff appeals multiple rulings: attorney withdrawal, vacating the prior summary judgment, striking affidavits, and the summary judgment on the counterclaim.
- The court affirming the judgment; various arguments deemed harmless or abandoned for lack of proper briefing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Attorney withdrawal | Bourff objects to withdrawal as error. | Green Tree complies with withdrawal procedures; no prejudice. | No error; withdrawal consent was not objected to and was harmless. |
| Vacating the prior summary judgment | November 8, 2011 vacatur was void because after the term. | Interlocutory order remained reviewable; no finality issue. | Vacating proper; May 12 order remained interlocutory and subject to revision. |
| Affidavits in support of motion for summary judgment | Trial court erred in denying motion to strike Green Tree's affidavits. | Arguments not properly developed; review limited to asserted issues. | Enumeration abandoned; no discernible argument presented. |
| Summary judgment on counterclaim | Dispute genuine issues of material fact; errors in applying law. | No genuine issues; Georgia law applies; Green Tree entitled to judgment as a matter of law. | Green Tree properly granted summary judgment on the counterclaim. |
| Affidavits opposing summary judgment | Two affidavits filed the day of motion should defeat summary judgment. | Even if considered, affidavits were harmless and did not alter outcome. | Any error in striking affidavits was harmless; judgment affirmed. |
Key Cases Cited
- Bennett v. Quick, 305 Ga. App. 415 (2010) (pro se not excused from rules; must comply with appellate requirements)
- Williams v. State, 318 Ga. App. 744 (2012) (court discusses briefing adequacy and preservation)
- Harbolt v. Pelletier, 291 Ga. App. 582 (2008) (consent to attorney withdrawal; preservation requirement)
- Sotter v. Stephens, 291 Ga. 79 (2012) (interlocutory nature of unresolved damages; revisable prior to final judgment)
- Canoeside Properties v. Livsey, 277 Ga. 425 (2003) (interlocutory status of partial summary judgments; no finality without express direction)
- Grot v. Capital One Bank (USA), N.A., 317 Ga. App. 786 (2012) (harm requirement for reversible error in summary judgment context)
- Godinger Silver Art Co. v. Olde Atlanta Marketing, 269 Ga. App. 386 (2004) (choice of law considerations and notice requirements)
- Fuhrman v. EDS Nanston, Inc., 225 Ga. App. 190 (1997) (harmless error principle in affidavits striking)