Hosch v. COLONIAL PACIFIC LEASING CORPORATION
313 Ga. App. 873
| Ga. Ct. App. | 2012Background
- Colonial Pacific Leasing Corporation sued Hosch to collect four loans defaulted between May 2006 and April 2008 for heavy construction equipment.
- Citicapital merged into Citicorp Leasing, Inc., which became GE Capital Commercial, Inc.; the loans were subsequently transferred to Colonial in August 2009.
- Hosch defaulted on the loans; Colonial served a notice of default and demanded payment.
- Hosch moved for summary judgment arguing Colonial was not the real party in interest; the trial court denied this motion and granted summary judgment to Colonial.
- The trial court awarded Colonial damages totaling $183,951 in principal, plus interest and attorney fees, based on Colonial's motion and supporting affidavits.
- On appeal, the Georgia Court of Appeals reviews de novo for summary-judgment disputes and construes evidence in the light most favorable to the nonmovant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Real party in interest | Hosch argues Colonial is not the real party in interest. | Colonial contends it is the successor to the loan debts and proper party. | Assignment valid; real-party-in-interest objection is abatement, not merits. |
| Evidence of assignment | Hosch claims no evidence of assignment to Colonial. | Colonial provides written assignment and affidavits showing transfer. | Record shows written assignment; Colonial entitled to summary judgment. |
| Damages award | Damages may have been impermissibly awarded sua sponte. | Damages were requested in the motion for summary judgment and supported by affidavits. | Damages awarded properly; no genuine issue of material fact. |
Key Cases Cited
- Robinson v. Global Resources, 300 Ga.App. 139 (2009) (summary judgment standard; de novo review; light most favorable to nonmovant)
- First Christ Holiness Church v. Owens Temple First Christ Holiness Church, 282 Ga. 883 (2008) (real-party-in-interest abatement not merits)
- Wirth v. Cach, LLC, 300 Ga.App. 488 (2009) (assignment must be in writing)
- Hutto v. CACV of Colorado, 308 Ga.App. 469 (2011) (no evidence of assignment; contrasts with present case)
- Boyd v. Calvary Portfolio Svcs., 285 Ga.App. 390 (2007) (reaffirmed standard for granting summary judgment)