Holmberg v. Pajot

Court of Appeals of Georgia

Holmberg v. Pajot

390 S.E.2d 414, 194 Ga. App. 275, 1990 Ga. App. LEXIS 73

CourtCourt of Appeals of Georgia

DecidedJanuary 8, 1990

DocketA89A1685

StatusPublished

This text of 390 S.E.2d 414 (Holmberg v. Pajot) 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

Holmberg v. Pajot, 390 S.E.2d 414, 194 Ga. App. 275, 1990 Ga. App. LEXIS 73 (Ga. Ct. App. 1990).

Pincite

Opinion

Carley, Chief Judge.

In May of 1987, appellee-defendants conveyed real property in Georgia by warranty deed to appellant-plaintiffs. In April of 1988, appellants filed suit, alleging that appellees had failed to disclose a latent defect in the property. Appellees, who are nonresidents, answered and subsequently moved to dismiss for lack of personal jurisdiction. The trial court granted appellees’ motion to dismiss. This court granted appellants’ application for an interlocutory appeal from that order.

Appellants have alleged a viable tort claim based upon the breach by appellees of the duty that is owed by a seller of realty in this state to disclose latent defects in the property that are known to him, but which are undiscoverable by a prospective buyer. See Wilhite v. Mays, 239 Ga. 31 (235 SE2d 532) (1977). It follows that the trial court erred in granting appellees’ motion to dismiss for lack of personal jurisdiction. See Edelschick v. Blanchard, 177 Ga. App. 410, 411 (2) (339 SE2d 628) (1985).

Judgment reversed.

McMurray, P. J., and Beasley, J., concur. Long, Aldridge & Norman, Phillip A. Bradley, Vincent, Chorey, Taylor & Fell, Kenneth I. Sokolov, R. Chris Irwin & Associates, R. Chris Irwin, for appellees.

Free access — add to your briefcase to read the full text and ask questions with AI

Carley, Chief Judge.

In May of 1987, appellee-defendants conveyed real property in Georgia by warranty deed to appellant-plaintiffs. In April of 1988, appellants filed suit, alleging that appellees had failed to disclose a latent defect in the property. Appellees, who are nonresidents, answered and subsequently moved to dismiss for lack of personal jurisdiction. The trial court granted appellees’ motion to dismiss. This court granted appellants’ application for an interlocutory appeal from that order.

Appellants have alleged a viable tort claim based upon the breach by appellees of the duty that is owed by a seller of realty in this state to disclose latent defects in the property that are known to him, but which are undiscoverable by a prospective buyer. See Wilhite v. Mays, 239 Ga. 31 (235 SE2d 532) (1977). It follows that the trial court erred in granting appellees’ motion to dismiss for lack of personal jurisdiction. See Edelschick v. Blanchard, 177 Ga. App. 410, 411 (2) (339 SE2d 628) (1985).

Judgment reversed.

McMurray, P. J., and Beasley, J., concur. Long, Aldridge & Norman, Phillip A. Bradley, Vincent, Chorey, Taylor & Fell, Kenneth I. Sokolov, R. Chris Irwin & Associates, R. Chris Irwin, for appellees.

Cite This Page — Counsel Stack

Bluebook (online)

390 S.E.2d 414, 194 Ga. App. 275, 1990 Ga. App. LEXIS 73, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holmberg-v-pajot-gactapp-1990.

Opinion

Related

Cite This Page — Counsel Stack