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SOUTHSIDE PLANNING & DEVELOPMENT, INC. v. COMMERCIAL CASUALTY INSURANCE COMPANY

No. A05A0716.

615 S.E.2d 828 (2005)

273 Ga. App. 704

SOUTHSIDE PLANNING & DEVELOPMENT, INC. et al. v. COMMERCIAL CASUALTY INSURANCE COMPANY.

Court of Appeals of Georgia.

June 16, 2005.

Attorney(s) appearing for the Case

Mary J. Schrade, McDonough, for appellants.

John D. Alexander, Thompson, Slagle, & Hannan, Duluth, for appellee.

BERNES, Judge.

Appellants Southside Planning & Development, Inc., Augustine A. Ngoddy, and Ada S. Ngoddy filed the instant appeal, alleging that the trial court erred in its decision to set aside their deeds to the Zudas Irrevocable Trust Dated July 16, 1999 when the Trust, an indispensable party, had not been made a party to the lawsuit. Because appellants failed to raise the defense of failure to join an indispensable party in the trial court below, the defense...

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