BLUE MARLIN DEV. v. BRANCH BANKING & TRUST

No. A09A2395.

690 S.E.2d 252 (2010)

BLUE MARLIN DEVELOPMENT, LLC et al. v. BRANCH BANKING & TRUST COMPANY.

Court of Appeals of Georgia.

January 26, 2010.


Attorney(s) appearing for the Case

Cohen, Pollock, Merlin & Small, Karen F. White, Anna M. Humnicky, Atlanta, for appellants.

Arnall, Golden & Gregory, James A. Gober, Richard A. Mitchell, Atlanta, for appellee.


MILLER, Chief Judge.

Following its February 19, 2009 hearing in this case, the trial court confirmed the nonjudicial foreclosure sale of 12.373 acres of unimproved land owned by Blue Marlin Development, Inc. ("Blue Marlin") to Branch Banking & Trust Company ("BB & T"). In doing so, the trial court found that BB & T had proved, by a preponderance of the evidence, that the true market value1 of the Property on the date of the...

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