Brandon Wagner Wins in Court of Appeals on Issue Involving Statute of Limitations Defense
The Condominium Association filed suit against the owners seeking judicial foreclosure and a monetary judgment. The owners counterclaimed against the Association seeking compensation for repairs made to the interior of the unit and mismanagement of a lawsuit against the builder. The trial court dismissed the counterclaim on Summary Judgment, finding that the owners’ claims were long barred by the statute of limitations; the owners appealed. While the appeal of the Motion for Summary Judgment order was pending, the Association proceeded to trial on his claims for judicial foreclosure and money judgment. After a bench trial, the Court entered Judgment in favor of the Association for nearly $90,000 and granted the Association authority to foreclose. With respect to the owners’ appeal, the Court of Appeals affirmed the trial court’s judgment on the counterclaims, finding no legal errors whatsoever.
Brandon D. Wagner is an associate in the Alpharetta office of Lueder, Larkin & Hunter where his practice focuses on litigation and collections. Brandon can be reached at bwagner@luederlaw.com.