Kavita Rampersad v. the Plantation at Bay Creek Homeowners Association, Inc.
A25A0660
Ga. Ct. App.Jun 17, 2025Background
- Kavita Rampersad failed to pay her homeowners association (HOA) assessments for over a decade, leading to multiple lawsuits by The Plantation at Bay Creek HOA.
- The litigation saw repeated service issues, ultimately leading to Rampersad being served by publication.
- Initial trial resulted in judgment for the HOA and foreclosure on Rampersad’s property; this was later set aside on appeal for insufficient diligence in serving Rampersad.
- On remand, HOA again obtained summary judgment and damages, with Rampersad’s counterclaims included but later voluntarily withdrawn.
- Rampersad filed, then withdrew, her appeal of the summary judgment order, but continued to litigate her counterclaims and the setting aside of her property transfers.
- The trial court dismissed her counterclaims (which Rampersad had already withdrawn) and set aside her attempt to transfer the property as fraudulent; a penalty was imposed for her frivolous appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Dismissal of Counterclaims | Rampersad argues error in dismissal of her counterclaims. | HOA argues counterclaims were no longer pending as they were withdrawn. | The appeal on these grounds is frivolous; Rampersad cannot appeal her own voluntary withdrawal. |
| Setting Aside Fraudulent Transfer | Initially challenged setting aside of property transfer as fraudulent. | HOA sought to void transfer as fraudulent to evade judgment. | Rampersad withdrew this issue; Court did not consider it. |
| Appeal of Summary Judgment | Rampersad sought to appeal summary judgment after first withdrawing her notice of appeal. | HOA contends timely withdrawal precludes jurisdiction for reconsideration. | Court lacks jurisdiction; timely appeal was withdrawn. |
| Frivolous Appeal Penalty | Rampersad did not specifically address penalty. | HOA suggested appeal was frivolous. | $2,500 penalty imposed for frivolous, delay-motivated appeal. |
Key Cases Cited
- Harned v. Piedmont Healthcare Foundation, 356 Ga. App. 870 (timely filing of appeal is jurisdictional prerequisite)
- Rigby v. Flue-Cured Tobacco Coop. Stabilization Corp., 339 Ga. App. 558 (party must prevail on underlying claims for attorney fee award)
- Vaughn v. Roberts, 282 Ga. App. 840 (standard for imposing frivolous appeal penalties)
- Murphy v. Murphy, 328 Ga. App. 767 (frivolous appeal penalties appropriate if appeal is without merit and delays judgment)