Ikomoni v. Executive Asset Management, LLC
309 Ga. App. 81
| Ga. Ct. App. | 2011Background
- Plaintiffs acquired undeveloped Clayton County property for building a home, later defaulted on a SunTrust Mortgage loan, and SunTrust foreclosed with SunTrust as highest bidder.
- SunTrust hired Executive Asset Management to plan cleanup/marketing, which then hired Select Real Estate Holdings to inspect, assess vacancy, analyze market, and recommend cleanup for sale.
- Select inspected the home, concluded it was vacant with no electricity or running water and no certificate of occupancy; plaintiffs claimed they still used the home for construction and stayed there overnight post-foreclosure.
- Select's work included re-keying locks, moving construction materials to the basement, and removing trash/items; parties dispute whether personal items were removed or remained on site.
- Plaintiffs sued SunTrust, Executive, and Select for wrongful eviction, trespass, punitive damages, and attorney fees; defendants moved for summary judgment.
- Trial court granted summary judgment to all defendants; plaintiffs appealed seeking reversal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did SunTrust prove no genuine issue by admissions failure? | Ikomoni failed to answer SunTrust's admissions; admissions should support summary judgment. | Admissions were binding due to failure to respond and are proper under OCGA 9-11-36; stipulation allowed prior discovery to apply. | Yes; SunTrust granted summary judgment on wrongful eviction/trespass. |
| Did Executive and Select have independent duty to file dispossessory proceedings? | Executive/Select liable for wrongful eviction/trespass for not following dispossessory procedures. | Landlord's duty to file dispossessory action rests with SunTrust; contractors had no independent duty. | No; no independent duty; summary judgment for Executive and Select stands. |
| Can punitive damages and attorney fees survive if underlying torts fail? | Punitive damages/fees should be available if conduct was wrongful. | Without underlying tort viability, punitive/attorney fees bar remain. | No; affirmed due to absence of viable underlying tort claims. |
Key Cases Cited
- Lau's Corp. v. Haskins, 261 Ga. 491 (Ga. 1991) (summary-judgment de novo review; standard application)
- Atlanta Cas. Co. v. Goodwin, 422 S.E.2d 76 (Ga. App. 1992) (admission effects when responses are missing)
- Steed v. Fed. Nat. Mtg. Corp., 301 Ga. App. 801 (Ga. App. 2009) (exclusive method of eviction; dispossessory procedures)
- Washington v. Harrison, 682 S.E.2d 679 (Ga. App. 2009) (landlord must dispose property per statute after dispossessory action)
- Owens v. BarclaysAmerican/Mtg. Corp., 460 S.E.2d 835 (Ga. App. 1995) (nondelegable statutory duties; cannot delegate liability)
- Taylor v. AmericasMart Real Estate, 651 S.E.2d 754 (Ga. App. 2007) (nondelegable duties; contractor liability limits)
- Greene v. Piedmont Janitorial Svcs., 470 S.E.2d 270 (Ga. App. 1996) (nondelegable statutory duty; contractor's liability context)
- Mumford v. Davis, 424 S.E.2d 306 (Ga. App. 1992) (discovery/stipulation modification; admissions scope)
- J.M.S. Bldg. Maintenance v. Adcox, 689 S.E.2d 841 (Ga. App. 2009) (nondelegable duty principle; contractor liability context)
- Walker County v. Tri-State Crematory, 643 S.E.2d 324 (Ga. App. 2007) (damages and statutory principles referenced in tort context)
- Swift Loan, etc. Co. v. Duncan, 394 S.E.2d 356 (Ga. App. 1990) (trespass/eviction evidence and duties context)