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GARVIN v. SMITH

No. A98A1866.

510 S.E.2d 863 (1999)

235 Ga. App. 897

GARVIN v. SMITH.

Court of Appeals of Georgia.

January 7, 1999.

Attorney(s) appearing for the Case

McCalla, Raymer, Padrick, Cobb & Nichols, Carol V. Clark, Atlanta, for appellant.

Goodman, Hudnall, Cohn & Abrams, H. Gilman Hudnall, Atlanta, for appellee.

HAROLD R. BANKE, Senior Appellate Judge.

Mary Margaret Smith filed an action against James S. Garvin primarily seeking declaratory relief concerning her right to sell a certain tract of real estate.1 Garvin appeals the summary judgment awarded to Smith.

In August 1990, Smith sold two of three contiguous tracts to Garvin but retained title to a third one, Tract III. By a separate agreement...

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