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SIMMONS v. FANELLO

No. A96A0790.

477 S.E.2d 334 (1996)

223 Ga. App. 213

SIMMONS v. FANELLO.

Court of Appeals of Georgia.

Reconsideration Denied October 16, 1996.

Attorney(s) appearing for the Case

Fortson, Bentley & Griffin, Roy E. Manoll, III, Walter W. Hays, Jr., William S. Cowsert, Lawrence S. McLarty, Athens, for appellant.

Timmons, Haggard & Carney, John W. Timmons, Jr., W. Glover Housman, Jr., Athens, for appellee.

HAROLD R. BANKE, Senior Appellate Judge.

Louis Fanello filed a petition for writ of immediate possession seeking restaurant equipment held by Pat Simmons, who failed to make payments on two notes secured by the property. Simmons counterclaimed, alleging, inter alia, breach of warranty of title and fraudulent representation that the equipment was not subject to outstanding federal, state, and local tax liens. The trial court granted Fanello's motion for summary judgment...

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