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Wolffe v. Lender Title & Escrow, LLC

Court of Appeals of Georgia

June 3, 2015

WOLFFE et al.
v.
LENDER TITLE & ESCROW, LLC

Default. Fulton Superior Court. Before Judge Schwall.

Judgment affirmed.

Arthur E. Wolffe, pro se.

Tori F. Talbot, pro se.

Clark Caskey, John C. Clark, for appellee.

McFadden, Judge. Ellington, P. J., and Dillard, J., concur.

OPINION

Page 296

McFadden, Judge.

Arthur E. Wolffe and Tori F. Talbot, who are proceeding pro se, appeal the dismissal of their action against Lender Title & Escrow LLC. Because their action is an improper collateral attack upon the judgment entered in a related action, we affirm.

Lender Title & Escrow filed a foreclosure action against Wolffe and Talbot in Fulton County Superior Court, and the court entered a default judgment in its favor. Wolffe and Talbot moved to set aside the default judgment on the ground that Talbot had not been personally served. Lender Title & Escrow presented evidence on the issue, and the trial court denied the motion to set aside. Wolffe and Talbot filed an application for discretionary appeal, which we denied. Our Supreme Court denied Wolffe and Talbot's petition for certiorari.

At some point, Lender Title & Escrow brought a dispossessory action in magistrate court. Wolffe and Talbot then filed this action in [332 Ga.App. 428] superior court, arguing that the trial court erred in entering the default judgment against them in the foreclosure action. They sought to enjoin the dispossessory proceedings and sought damages for wrongful foreclosure and wrongful dispossessory.

Lender Title & Escrow moved to dismiss the action for failure to state a claim upon which relief can be granted, and the trial court granted the motion. Wolffe and Talbot filed this appeal.

1. Failure to rule on motion for default judgment.

Wolffe and Talbot argue that the trial court erred by failing to rule on their motion for a default judgment before addressing Lender Title & Escrow's motion to dismiss their complaint. We ...


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