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Gaslowitz v. Stabilis Fund I, LP

Court of Appeals of Georgia

March 12, 2015

GASLOWITZ et al.
v.
STABILIS FUND I, LP (two cases)

Page 246

Limited liability company. Fulton Superior Court. Before Judge Brasher.

Gaslowitz Frankel, Craig M. Frankel, LeAnne M. Gilbert, for appellants.

Thompson, O'Brien, Kemp & Nasuti, Ted W. Hight III, Kevin S. Kovalchik, for appellee.

ELLINGTON, Presiding Judge. Phipps, C. J., and McMillian, J., concur.

OPINION

Page 247

Ellington, Presiding Judge.

In Case No. A14A2029, Adam Gaslowitz, Adam R. Gaslowitz & Associates, LLC (" G& A, LLC" ), and Gaslowitz and Associates, Inc. (" G& A, Inc." ) (collectively, the " appellants" ), appeal from the trial court's grant of Stabilis Fund I, LP's (" Stabilis" ) motion for partial summary judgment on Stabilis's post-judgment petition for, among other relief, a charging order and an accounting. The appellants claim that the trial court erred in (i) issuing a charging order against Gaslowitz's membership interest in G& A, LLC and (ii) ordering an accounting of the assets of G& A, LLC. For the reasons that follow, we affirm the order issuing the charging order, but we reverse the order for an accounting of the assets of G& A, LLC. In Case No. A15A0433, the appellants appeal the trial court's order requiring that they, jointly and severally, post a supersedeas bond to preserve the supersedeas effect of their main appeal. For reasons set forth below, we affirm as to Gaslowitz but reverse as to G& A, Inc. and G& A, LLC.

Case No. A14A2029

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 (c). A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.

( Citation omitted.) Matjoulis v. Integon Gen. Ins. Corp., 226 Ga.App. 459 (1) (486 S.E.2d 684) (1997).

So viewed, the record shows that on June 21, 2011, Stabilis obtained a judgment in the Superior Court of Fulton County against Gaslowitz, and two others,[1] in the total

Page 248

amount of $1,621,132.78. Stabilis filed a verified petition against the appellants seeking, among other things, a charging order against Gaslowitz's membership interest in G& A, LLC,[2] and " an accounting of the proceeds of G& A, LLC ... to adequately monitor Stabilis' rights." Stabilis then [331 Ga.App. 153] moved for partial ...


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