[Download] "Moseley v. Interfinancial Mgmt." by Court of Appeals of Georgia ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Moseley v. Interfinancial Mgmt.
• Author : Court of Appeals of Georgia
• Release Date : January 03, 1996
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

Anne Moseley and her two sons, Thomas C. Moseley, Jr., and Richard Clay Moseley, as co-executors under the will of Thomas H. Moseley, Sr., brought an action in the State Court of Cobb County against Ronald S. Leventhal on four notes (the ""state court action""). Leventhal's defenses to that action involved property subject to a security deed granted by Leventhal to the Moseleys as security for the notes. Summary judgment was granted in favor of the Moseleys in that action. Leventhal did not timely appeal, but later sought to set aside the judgment in the state court action. His motion to set aside the judgment was denied, and this court eventually affirmed. Leventhal v. Moseley, 217 Ga. App. XXXI (1995) (unpublished). 1 Leventhal then brought another motion in the state court seeking to vacate and set aside the judgment entered there for fraud, accident, or mistake. The trial court denied that motion as well. During the pendency of the state court action but prior to the entry of judgment, Leventhal and two closely-held corporations he controlled, Interfinancial Management Company and Interfinancial Properties, Inc. (collectively ""Leventhal""), brought suit in Cobb County Superior Court against the Moseleys. They sought reformation [224 GaApp Page 81] of the Moseleys' security deed, cancellation of the notes, and a declaration that Leventhal was not indebted to the Moseleys. 2 In that case, the superior court entered summary judgment in favor of Leventhal and against the Moseleys. The order granting summary judgment to Leventhal in that case was entered after the order entered in the state court action that granted summary judgment in favor of the Moseleys.

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