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BANK OF OZARKS v. DKK DEVELOPMENT CO.

No. A11A1916.

726 S.E.2d 608 (2012)

315 Ga. App. 539

BANK OF the OZARKS v. DKK DEVELOPMENT CO.

Court of Appeals of Georgia.

March 23, 2012.

Attorney(s) appearing for the Case

William Gordon Leonard , Atlanta, James A. Bishop , Brunswick, for Bank of the Ozarks.

James L. Roberts IV , Brunswick, for DKK Development CO.

BARNES, Presiding Judge.

DKK Development Company petitioned the superior court for a declaratory judgment against Oglethorpe Bank Holding Company, Inc. (the "Holding Company") and Oglethorpe Bank, seeking to have DKK's $930,000 debt to the bank set off against DKK's $2 million loan to the Holding Company. After a hearing, the trial court granted the declaratory judgment, finding that DKK was entitled to an equitable set-off of its debt to the bank. In its order, the...

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