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Giles v. Swimmer
290 Ga. 650
| Ga. | 2012
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Background

  • December 1988, Folds executed a promissory note to Swimmer for $128,000 secured by two security deeds (two four-acre tracts and a one-acre tract).
  • February 1991 security deeds were recorded; March 1991 corrections recited Inter-American as pledging entity.
  • March 1997 Swimmer assigned the note and deeds to Gwinnett National Bank (GNB) to secure a master note; February 1999 Folds used the one-acre tract to secure a Sunshine Mortgage; June 1999 quitclaim and security deed records reflect a release from GNB to Folds/Inter-American, but the 1999 quitclaim lacked a property description.
  • November 2001 BB&T becomes successor to GNB; 2005 Satisfaction of Mortgage indicates Sunshine Mortgage paid, but references the 1999 quitclaim rather than the related security deed.
  • November-December 2005 seven acres (from the two four-acre tracts) are transferred to Holcomb and McClure; December 2005 clerk stamps the Swimmer-Folds security deed as satisfied; 2006 seven acres transfer to Giles/Stroud/Taylor; 2006 subdivision and conveyances to intervenors/plaintiffs.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
BB&T’s title interest at summary judgment BB&T had title or interest in land at issue. No title or interest in land at the time of motion. No genuine issue; BB&T had no title/interest at summary judgment.
Slander of title with Affidavit/Termination BB&T’s Affidavit/Termination falsely intimated termination of collateral. Documents not proven false or malicious; damages lacking. Slander of title claim failed for lack of proof of special damages.

Key Cases Cited

  • Campbell v. The Landings Assn., Inc., 289 Ga. 617 (Ga. 2011) (de novo review governs summary-judgment appeal)
  • Latson v. Boaz, 278 Ga. 113 (2004) (slander of title requires proof of damages and falsity/malice)
  • Lau’s Corp. v. Haskins, 261 Ga. 491 (1991) (evidence of special damages must be specific)
  • Harmon v. Cunard, 190 Ga. App. 19 (1989) (insufficient proof of special damages where figures lacking)
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Case Details

Case Name: Giles v. Swimmer
Court Name: Supreme Court of Georgia
Date Published: Mar 5, 2012
Citation: 290 Ga. 650
Docket Number: S11A1371
Court Abbreviation: Ga.