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LY v. JIMMY CARTER COMMONS, LLC

No. S09A1644.

691 S.E.2d 852 (2010)

LY et al. v. JIMMY CARTER COMMONS, LLC.

Supreme Court of Georgia.

March 1, 2010.

Attorney(s) appearing for the Case

Hartman, Simons, Spielman & Wood, Scott M. Ratchick, Christopher S. Badeaux, Atlanta, for appellants.

Stites & Harbison, Robert D. Douglas, Catherine M. Banich, Tasha K. Inegbenebor, Atlanta, for appellees.

CARLEY, Presiding Justice.

Franklin and Toni Ly (Appellants) initiated foreclosure proceedings against a shopping center owned by Jimmy Carter Commons, LLC. Jimmy Carter Commons filed an action to enjoin foreclosure and cancel the security deed and various loan documents upon which the foreclosure proceedings were based. The trial court entered a temporary injunction, and subsequently granted summary judgment to Jimmy Carter Commons. This appeal followed.

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