Moran v. Mid-State Homes, Inc.

Court of Appeals of Georgia

Moran v. Mid-State Homes, Inc.

320 S.E.2d 625, 171 Ga. App. 618, 1984 Ga. App. LEXIS 2298

CourtCourt of Appeals of Georgia

DecidedJuly 12, 1984

Docket68614

StatusPublished

Cited by2 cases

This text of 320 S.E.2d 625 (Moran v. Mid-State Homes, Inc.) 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

Moran v. Mid-State Homes, Inc., 320 S.E.2d 625, 171 Ga. App. 618, 1984 Ga. App. LEXIS 2298 (Ga. Ct. App. 1984).

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Opinion

Banke, Presiding Judge.

The appellee, Mid-State Homes, Inc., initiated dispossessory proceedings against appellants, Phillip and Alberta Moran; and appellants thereafter filed a timely answer and counterclaim pursuant to OCGA § 44-7-51 (b). The trial court subsequently denied a motion for summary judgment filed by the appellee but ordered appellants to pay $3,378 in purported arrearages into the registry of the court by a specified date. Upon appellants’ failure to make the payment, the trial court awarded appellee possession of the premises and dismissed appellants’ answer and counterclaim. Appellants appeal the dismissal of their answer and counterclaim. Held:

A tenant has an unqualified right to submit an answer and a counterclaim in all dispossessory proceedings. Failure to pay rent into the registry of the court pursuant to OCGA § 44-7-54 affects only the right to possession of the premises, not the right to pursue a counterclaim. Accord Mountain Hardwoods & Pine, Inc. v. Coosa River Sawmill Co., 233 Ga. 414 (211 SE2d 712) (1975); Jelks v. World of Realty, Inc., 153 Ga. App. 720 (3) (266 SE2d 357) (1980). Thus, while the trial court did not err in awarding possession to appellees, the court did err in dismissing the counterclaim.

Judgment affirmed in part and reversed in part.

Pope and Ben-ham, JJ., concur.

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Banke, Presiding Judge.

The appellee, Mid-State Homes, Inc., initiated dispossessory proceedings against appellants, Phillip and Alberta Moran; and appellants thereafter filed a timely answer and counterclaim pursuant to OCGA § 44-7-51 (b). The trial court subsequently denied a motion for summary judgment filed by the appellee but ordered appellants to pay $3,378 in purported arrearages into the registry of the court by a specified date. Upon appellants’ failure to make the payment, the trial court awarded appellee possession of the premises and dismissed appellants’ answer and counterclaim. Appellants appeal the dismissal of their answer and counterclaim. Held:

A tenant has an unqualified right to submit an answer and a counterclaim in all dispossessory proceedings. Failure to pay rent into the registry of the court pursuant to OCGA § 44-7-54 affects only the right to possession of the premises, not the right to pursue a counterclaim. Accord Mountain Hardwoods & Pine, Inc. v. Coosa River Sawmill Co., 233 Ga. 414 (211 SE2d 712) (1975); Jelks v. World of Realty, Inc., 153 Ga. App. 720 (3) (266 SE2d 357) (1980). Thus, while the trial court did not err in awarding possession to appellees, the court did err in dismissing the counterclaim.

Judgment affirmed in part and reversed in part.

Pope and Ben-ham, JJ., concur.

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320 S.E.2d 625, 171 Ga. App. 618, 1984 Ga. App. LEXIS 2298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moran-v-mid-state-homes-inc-gactapp-1984.

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