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MITCHELL v. INTERBAY FUNDING, LLC

No. A06A0630.

630 S.E.2d 909 (2006)

279 Ga. App. 323

MITCHELL et al. v. INTERBAY FUNDING, LLC.

Court of Appeals of Georgia.

May 11, 2006.

Attorney(s) appearing for the Case

Phillips & Kitchings, Richard Phillips, Ludowici, for appellants.

Morris, Schneider & Prior, Kyle S. Kotake, Atlanta, Callaway, Braun, Riddle & Hughes, Stanley E. Harris, Jr., Savannah, for appellee.

RUFFIN, Chief Judge.

Following a nonjudicial foreclosure sale, Interbay Funding, LLC ("Interbay") filed a dispossessory action against Samuel and Susan Mitchell ("the Mitchells"). The Mitchells counterclaimed for wrongful foreclosure. Interbay subsequently moved for summary judgment on the counterclaim. The trial court granted the motion, and the Mitchells appeal. We affirm.

"`To prevail at summary judgment, the moving party must demonstrate that there is...

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