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Wilkinson v. Household Finance Corp.
Citations: 250 Ga. App. 131; 550 S.E.2d 677; 2001 Fulton County D. Rep. 2003; 2001 Ga. App. LEXIS 702Docket: A01A1516, A01A1517
Court: Court of Appeals of Georgia; June 18, 2001; Georgia; State Appellate Court
Household Finance Corporation, III filed a complaint seeking a declaratory judgment against Cheryl Jessup and Tyrone Wilkinson, asserting that a property sold to Wilkinson at a marshal’s sale is subject to its prior, unsatisfied security interest. Jessup acknowledged Household's priority through a consent judgment. Wilkinson appealed two rulings: the grant of summary judgment to Household in Case No. A01A1516 and a motion requiring him to post a supersedeas bond in Case No. A01A1517. The court affirmed the summary judgment in favor of Household, noting that it holds a duly recorded first security deed for the property located at 831 South Candler Road, previously owned by Thomas Bingley. The property was levied upon and sold by Jessup to satisfy her judgment lien, but Household's security interest remained unsatisfied, as required under OCGA § 9-13-60 (c). Wilkinson's counterclaims of laches and conspiracy were rejected, as he failed to demonstrate any error in the trial court's decision. The court emphasized that the appellant bears the burden to show error, which Wilkinson did not fulfill. In the second appeal, Wilkinson did not file a brief or request an extension, leading to its dismissal for abandonment. The court concluded that the affirmance of the first appeal rendered the second moot. The judgment was affirmed in Case No. A01A1516, and the appeal was dismissed in Case No. A01A1517.