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INTOWN REDEV. ALLIANCE, LLC v. RELIANCE EQUITIES, LLC

No. A08A1751.

671 S.E.2d 884 (2008)

INTOWN REDEVELOPMENT ALLIANCE, LLC v. RELIANCE EQUITIES, LLC et al.

Court of Appeals of Georgia.

December 30, 2008.

Attorney(s) appearing for the Case

McLarty, Robinson & Van Voorhies, John E. Robinson, Decatur, for appellant.

Proctor Hutchins, Robert J. Proctor, Bradley A. Hutchins, Adam C. Caskey, Atlanta, for appellees.

ANDREWS, Judge.

Intown Redevelopment Alliance, LLC and Reliance Equities, LLC are owners, as tenants in common, of real property located in Fulton County. At issue is whether fiduciary duties generally owed between tenants in common preclude Intown from seeking foreclosure on a debt deed encumbering common property. Because we find on the present facts that Intown and Reliance owe no fiduciary duties to each other as tenants in common, we reverse the trial court's...

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