309 Ga. App. 499
Ga. Ct. App.2011Background
- Stonemill Church obtained a $10 million construction loan from Peachtree Bank in 2006 with a security interest in the church property.
- Stonemill purchased the Hamilton Mill property (17 acres) and pledged it as additional collateral; a modified loan agreement allowed release of the Hamilton Mill property if default did not occur and approximately $192,000 was paid.
- RBC Bank acquired Peachtree Bank's rights in February 2009; Flanigan expressed interest in purchasing the Hamilton Mill property in 2008, but RBC refused to release the lien and the sale did not close.
- In February 2009, Stonemill and Flanigan restructured their agreement to consummate a sale contingent on the lien release; RBC foreclosed on all collateral after Stonemill defaulted on the construction loan.
- Stonemill sued RBC in May 2009 to stop the foreclosure and assert contract, specific performance, and tort claims; Flanigan filed a separate cap seeking to halt foreclosure and asserting tort claims.
- The trial court granted RBC summary judgment; the parties entered a consent order narrowing the appeal to Counts III, VII, and VIII, with all other claims dismissed with prejudice; Flanigan was not aggrieved by the ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to appeal | Flanigan asserts an interest in Stonemill's contract claims and seeks relief on appeal. | Flanigan was not aggrieved by the trial court's order and lacks standing to appeal. | Flanigan not aggrieved; appeal dismissed. |
Key Cases Cited
- Cooper Motor Lines v. B.C. Truck Lines, 215 Ga.195 (Ga. 1959) (party not aggrieved has no right to appeal)
- Nat. Council of Jewish Women v. Cobb County, 247 Ga.198 (Ga. 1981) (standing to appeal requires aggrievement)
- Wallace v. Scott, 164 Ga.App.129 (Ga. App. 1982) (standing to appeal must be shown for appellate review)