Cardin v. Spencer

Court of Appeals of Georgia

Cardin v. Spencer

334 S.E.2d 717, 175 Ga. App. 751, 1985 Ga. App. LEXIS 2178

CourtCourt of Appeals of Georgia

DecidedSeptember 4, 1985

Docket70306

StatusPublished

This text of 334 S.E.2d 717 (Cardin v. Spencer) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cardin v. Spencer, 334 S.E.2d 717, 175 Ga. App. 751, 1985 Ga. App. LEXIS 2178 (Ga. Ct. App. 1985).

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Opinion

Benham, Judge.

Appellant purchased a lot in a Brooks County subdivision known as Shady Acres, with the intent to construct and operate a child care facility thereon. Appellant informed appellee, her attorney, of her plans, and he represented her in the acquisition of the land. Shortly after the conveyance was completed, residents of the subdivision allegedly notified appellant that her property was subject to certain restrictive covenants which would preclude her from operating the proposed nursery. Although no lawsuit was brought against her by the other homeowners, appellant discontinued her renovation of the property and filed suit against her attorney, alleging that he was negligent in failing to disclose the existence of the restrictive covenants and that she had been damaged thereby. Appellee answered and moved for summary judgment. After a hearing, the trial court ruled as a matter of law that the restrictive covenants did not apply to the property and rendered judgment for appellee. Appellant here contends that the court erred in granting summary judgment, there being a genuine issue of fact as to the applicability of the restrictive covenants to her property.

Our review of the record leads us to the ineluctable conclusion that appellant seeks to reverse a ruling in her favor. The trial court’s judgment allows appellant to pursue her original intention to operate a child care facility. Assuming without deciding that the trial court erred in its decision, appellant has failed to show how she is harmed thereby. In accordance with the time-honored rule that this court will only correct such errors as have worked a practical wrong on the complaining party, we affirm the judgment. Best Concrete Prods. v. Medusa Corp., 157 Ga. App. 97 (5) (276 SE2d 147) (1981).

Judgment affirmed.

Banke, C. J., and McMurray, P. J., concur. 0. Wayne Ellerbee, for appellee.

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Benham, Judge.

Appellant purchased a lot in a Brooks County subdivision known as Shady Acres, with the intent to construct and operate a child care facility thereon. Appellant informed appellee, her attorney, of her plans, and he represented her in the acquisition of the land. Shortly after the conveyance was completed, residents of the subdivision allegedly notified appellant that her property was subject to certain restrictive covenants which would preclude her from operating the proposed nursery. Although no lawsuit was brought against her by the other homeowners, appellant discontinued her renovation of the property and filed suit against her attorney, alleging that he was negligent in failing to disclose the existence of the restrictive covenants and that she had been damaged thereby. Appellee answered and moved for summary judgment. After a hearing, the trial court ruled as a matter of law that the restrictive covenants did not apply to the property and rendered judgment for appellee. Appellant here contends that the court erred in granting summary judgment, there being a genuine issue of fact as to the applicability of the restrictive covenants to her property.

Our review of the record leads us to the ineluctable conclusion that appellant seeks to reverse a ruling in her favor. The trial court’s judgment allows appellant to pursue her original intention to operate a child care facility. Assuming without deciding that the trial court erred in its decision, appellant has failed to show how she is harmed thereby. In accordance with the time-honored rule that this court will only correct such errors as have worked a practical wrong on the complaining party, we affirm the judgment. Best Concrete Prods. v. Medusa Corp., 157 Ga. App. 97 (5) (276 SE2d 147) (1981).

Judgment affirmed.

Banke, C. J., and McMurray, P. J., concur. 0. Wayne Ellerbee, for appellee.

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Bluebook (online)

334 S.E.2d 717, 175 Ga. App. 751, 1985 Ga. App. LEXIS 2178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cardin-v-spencer-gactapp-1985.

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