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OKEFENOKEE AIRCRAFT, INC. v. PRIMESOUTH BANK

No. A08A1926.

676 S.E.2d 394 (2009)

OKEFENOKEE AIRCRAFT, INC. et al. v. PRIMESOUTH BANK.

Court of Appeals of Georgia.

March 20, 2009.

Attorney(s) appearing for the Case

Cohen, Pollock, Merlin & Small, Gus H. Small, Jr., Karen F. White, Atlanta, for appellants.

Kopp & Conner, Neal L. Conner, Jr., Waycross, for appellee.

BERNES, Judge.

Okefenokee Aircraft, Inc. ("OAI") and Joseph E. Rimes III appeal from a grant of summary judgment to PrimeSouth Bank (the "Bank"), a secured creditor that brought an action for money judgment on the note while holding the collateral pledged by appellants. We conclude that a secured creditor can retain a debtor's collateral while seeking an independent action for money judgment and therefore affirm.

The following facts are undisputed. On or around...

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