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DuBARTON ENTERS. v. APPALACHIAN COMM. BANK

No. A10A0858.

695 S.E.2d 748 (2010)

DuBARTON ENTERPRISES, LLC v. APPALACHIAN COMMUNITY BANK.

Court of Appeals of Georgia.

June 1, 2010.

Attorney(s) appearing for the Case

Kaufman, Miller & Sivertsen, Robert J. Kaufman, Jeremy B. Liebman, Atlanta, for appellant.

Thompson, O'Brien, Kemp & Nasuti, Bret T. Thrasher, Norcross, Epstein, Becker & Green, Jeffery R. Saxby, Atlanta, for appellee.

JOHNSON, Judge.

Appalachian Community Bank loaned approximately $621,000 to DuBarton Enterprises, LLC. DuBarton defaulted on the loan, and Appalachian began foreclosure proceedings pursuant to the Security Deed and Agreement that was executed in conjunction with the loan. DuBarton filed a complaint against Appalachian, alleging negligence and fraud by the bank. DuBarton also moved for an interlocutory injunction, seeking to enjoin

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