Waters v. Chase Manhattan Bank
308 Ga. App. 885
Ga. Ct. App.2011Background
- Waters appealing a writ of possession granted in Chase Manhattan Bank's foreclosure of its security interest in Waters's motor vehicle.
- Chase Manhattan filed foreclosure petition in June 2009 seeking writ of possession.
- Waters answered, denying indebtedness and raising defenses/counterclaims.
- August 4, 2009: court granted foreclosure petition, dismissed counterclaims for want of prosecution, ordered Waters to pay a sum by Sept. 14, 2009 and retain possession, and directed turnover/writs.
- August 4, 2009 turnover order directed Waters to deliver vehicle to law enforcement; writ of possession directed levy and surrender of vehicle to Chase Manhattan.
- August 21, 2009: Waters filed notice of appeal from the August 4 writ of possession order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether issuing the writ of possession on the judgment date violated OCGA 9-11-62(a). | Chase Manhattan argues immediate execution breached the 10-day rule. | Waters argues premature execution harmed him. | Harmless error; no shown harm; affirmed writ. |
| Whether the April 2010 order requiring payment into the court registry is reviewable. | Chase Manhattan contends issue arises from the foreclosure record. | Waters challenges the later payment-order while appeal pending. | Lacks jurisdiction; not reviewable on appeal. |
Key Cases Cited
- Miller Grading Contractors v. Georgia Fed. Sav. & Loan Assn., 247 Ga.730 (Ga. 1981) (pierces error-harm distinction in review of trials)
- Landau v. Davis Law Group, 269 Ga.App. 904 (Ga. App. 2004) (appeals review when error does not affect substantial rights)
- Robenolt v. Chrysler Financial Svcs., 201 Ga.App. 168 (Ga. App. 1991) (guides when to disregard procedural errors)
- Lowe v. Watson, 228 Ga. 393 (Ga. 1971) (jurisdictional and timing aspects on appeal)
- Cates v. Cates, 225 Ga. 612 (Ga. 1969) (analysis of post-judgment appeal timing)
- Hester v. Human, 211 Ga.App. 351 (Ga. App. 1993) (illustrates appeal timing considerations)
- Costanzo v. Jones, 200 Ga.App. 806 (Ga. App. 1991) (discusses appellate jurisdiction limits)