ESTATE OF ANNIE CROOK Et Al. v. FOSTER
333 Ga. App. 36
| Ga. Ct. App. | 2015Background
- Annie Crook owned an unencumbered Peach County home; she and Albert Foster began a relationship in 2003 and later decided to buy a home in Dooly County.
- To buy the Dooly County home, Crook deeded her Peach County property to secure a $50,000 bank loan; Crook and Foster signed the note and the Dooly County home was titled to both as joint tenants with right of survivorship.
- Crook ended the relationship in December 2010; she filed suit in February 2011 seeking removal of Foster from the Dooly deed and claiming unjust enrichment, alleging Foster did not contribute financially and coerced placement of his name on the deed.
- Crook died in June 2011; her estate (plaintiff) pursued the unjust enrichment claim. The Peach County property later went into foreclosure after Foster refused to pay the mortgage.
- At trial the jury found for the Estate and awarded $30,000. The trial court later entered a JNOV (or, alternatively, granted a new trial). The Estate appealed and the appellate court reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether JNOV was proper on unjust enrichment claim | Crook’s Estate argued there was evidence Foster was unjustly enriched by receiving the Dooly property while refusing to pay the Peach mortgage and thus restitution was owed | Foster argued no unjust enrichment as a matter of law because he took title as joint tenant (right of survivorship) and thus was entitled to the benefit | Reversed JNOV: credibility and factual questions (gift vs. unjust retention) were for the jury, so JNOV was improper |
| Whether trial court properly granted new trial under OCGA § 5-5-20 | Estate maintained the jury verdict was supported by evidence (agreement to pay mortgage, refusal, foreclosure, Foster becoming sole owner) | Foster asked for a new trial contending verdict was contrary to evidence and law | Reversed grant of new trial: trial court abused discretion because verdict was not plainly contrary to evidence and equity |
Key Cases Cited
- Plane v. Uniforce MIS Svs. of Ga., Inc., 232 Ga. App. 757 (test for JNOV and directed verdict)
- Parks v. Thompson Builders, Inc., 296 Ga. App. 704 (definition and elements of unjust enrichment)
- Reidling v. Holcomb, 225 Ga. App. 229 (recipient’s knowledge of benefit and rejection requirement in unjust enrichment)
- Stoker v. Bellemeade, LLC, 272 Ga. App. 817 (distinguishing gifts/voluntary payments from restitution claims)
- Brandvain v. Ridgeview Institute, Inc., 188 Ga. App. 106 (trial court may rule on a pending directed-verdict motion post-verdict; JNOV procedural note)
- White v. State, 293 Ga. 523 (trial judge’s authority and standard when granting a new trial under OCGA § 5-5-20)