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MATHIS v. RIVER CITY BANK

No. A12A1403.

731 S.E.2d 788 (2012)

MATHIS et al. v. RIVER CITY BANK.

Court of Appeals of Georgia.

August 31, 2012.

Attorney(s) appearing for the Case

W. Wright Gammon Jr. , Cedartown, for Appellant.

Thomas Dow Richardson , Rome, for Appellee.

MILLER, Judge.

Christopher W. Mathis and Paula K. Mathis (the "Mathises") filed an untimely answer and counterclaim to a foreclosure on personalty action pursued by River City Bank (the "Bank"). The Bank moved to dismiss the Mathises' answer and counterclaim, arguing that it was untimely filed under OCGA § 44-14-267. The trial court granted the Bank's motion to dismiss. The Mathises appeal from that order, contending that the trial court erred in not applying...

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