Douglas Kohoutek, Ltd. v. Hartley - Georgia Court of Appeals

Douglas Kohoutek, Ltd. v. Hartley

By Georgia Court of Appeals

  • Release Date - Published: 2000-11-30
  • Book Genre: Law
  • Author: Georgia Court of Appeals
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Douglas Kohoutek, Ltd. v. Hartley Georgia Court of Appeals read online review & book description:

EL-091 On October 20, 1995, Douglas Kohoutek, Ltd., a real estate investment limited partnership, sued Hartley, Rowe & Fowler, P.C., G. Michael Hartley, Walter P. Rowe, Joseph H. Fowler, Tom L. Lane, Jr., Linda S. Karlo, and Jeffrey P. Richards for professional negligence due to an eight and one half month delay in filing the UCC-1 statement on September 14, 1990, to secure a note executed on January 27, 1990, which created a collateral security gap. Prior to September 14, 1990, the defendant was aware that the UCC filings had not been made timely and that the defendants might be professionally negligent. The defendants moved for summary judgment based upon the running of the statute of limitations, which was granted. The plaintiff contends that the statute of limitations was tolled by fraud through concealment, failure to disclose, and continued representation and that there existed material issues of fact for the jury as to such fraud. We do not agree and affirm.

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