Metro Atlanta Task Force for Homeless, Inc. v. Premium Funding Solutions, LLC
321 Ga. App. 100
| Ga. Ct. App. | 2013Background
- Task Force operates a homeless shelter in Atlanta.
- Ichthus Community Trust claimed a security interest in and foreclosure on the shelter property and sought access/removal via injunction and a related dispossessory action.
- The dispossessory action was stayed, transferred, and consolidated with the superior court injunction action; Ichthus dismissed the dispossessory claim without prejudice in 2010.
- In November 2011 the superior court issued an order on discovery and scheduled an evidentiary hearing on irreparable harm and related issues; the February 3, 2012 hearing proceeded but the Task Force’s evidence requests were denied.
- On February 9, 2012 the court granted a writ of possession to PFS, ordering the Task Force to vacate and directing United Way to manage the property temporarily; the order also funded a court-appointed monitor to report progress.
- The trial court’s dispossessory procedures were challenged as improper; the appellate court reversed the writ of possession and dismissed the cross-appeal as moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether writ of possession followed dispossessory procedures. | Task Force preserved the dispossessory issue. | PFS contends writ could be summarily granted. | Writ of possession reversed; dispossessory procedures not followed. |
| Whether United Way cross-appeal remains moot after ruling. | N/A. | Cross-appeal moot due to holding on issue 1. | Cross-appeal moot and dismissed. |
Key Cases Cited
- Steed v. Fed. Nat. Mortgage Corp., 301 Ga. App. 801 (2009) (recognizes dispossessory procedures and notice requirements; context for eviction actions)
- Roberts v. Roberts, 205 Ga. App. 371 (1992) (appellate review of dispossessory issues; procedural standards)
- Skelton v. Hill Aircraft & Leasing Corp., 175 Ga. App. 144 (1985) (summary eviction rules; notice and trial rights)
- Suarez v. Halbert, 246 Ga. App. 822 (2000) (trial notice and expediency in dispossessory actions)
- Ralls v. E. R. Taylor Auto Co., 202 Ga. 107 (1947) (only lawful manner for summarily evicting a tenant)