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Agber v. DLJ Mortgage Capital, Inc.

Citations: 263 Ga. App. 53; 587 S.E.2d 210; 2003 Fulton County D. Rep. 2653; 2003 Ga. App. LEXIS 1085Docket: A03A1750

Court: Court of Appeals of Georgia; September 3, 2003; Georgia; State Appellate Court

Narrative Opinion Summary

In the case between DLJ Mortgage Capital, Inc. and Yohanne Agber, DLJ filed a dispossessory warrant in the State Court of DeKalb County, which Agber contested, citing her ongoing federal bankruptcy proceedings. Agber argued that the state court lacked jurisdiction due to the bankruptcy stay and claimed her right to file defenses was violated under OCGA § 44-7-51(b). Following a trial, the court granted DLJ a writ of possession, determining that the bankruptcy stay had been lifted, allowing the proceedings to move forward. Agber's subsequent appeal contended that the state court erred in not dismissing or transferring the case. However, the appellate court found no evidence of Agber being denied the opportunity to file defenses or request a transfer. Furthermore, the court ruled that the appeal of the bankruptcy court's order did not maintain the stay, thereby affirming the judgment in favor of DLJ. Judges Blackburn and Ellington concurred with the decision, and the challenge to the state court's jurisdiction was deemed abandoned.

Legal Issues Addressed

Appeal Process and Jurisdiction

Application: The appeal process did not affect the state court's jurisdiction as the appeal of the bankruptcy court's order did not maintain the stay.

Reasoning: Furthermore, Agber did not demonstrate that her appeal of the bankruptcy court's order maintained the stay.

Dispossession Proceedings and Bankruptcy Stay

Application: The court determined that the dispossession proceedings could continue because the bankruptcy stay had been lifted, and the appeal did not maintain the stay.

Reasoning: The court noted that the automatic bankruptcy stay had been lifted, allowing the case to proceed.

Jurisdictional Challenges in State Court Proceedings

Application: Agber's challenge to the state court's subject matter jurisdiction was considered abandoned due to insufficient demonstration of the issue.

Reasoning: Consequently, her jurisdictional challenge was considered abandoned.

Right to File Defenses under OCGA § 44-7-51(b)

Application: Agber's claim that her right to file defenses or counterclaims was violated was rejected because the court found no evidence to support her assertion.

Reasoning: The court found no evidence that Agber was denied the opportunity to file defenses or that she requested a transfer.