SHREE ANNPURNA, INC. v. UDHWANI

No. A02A0749.

567 S.E.2d 42 (2002)

255 Ga. App. 799

SHREE ANNPURNA, INC. v. UDHWANI.

Court of Appeals of Georgia.

June 13, 2002.


Attorney(s) appearing for the Case

James D. Hyder, Jr., Savannah, for appellant.

Fortson, Bentley & Griffin, Robert N. Elkins, Athens, for appellee.


MILLER, Judge.

The question on appeal is whether the trial court properly entered summary judgment in favor of a lender whom the debtor had sued for refusing to cancel a security deed, where the debtor never made a written demand for liquidated damages under OCGA § 44-14-3(c). We hold that the lack of the statutory demand for liquidated damages precludes liability and therefore affirm.

On a defendant's motion for summary judgment, we construe the evidence...

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