Filed: Sep. 23, 2014
Latest Update: Sep. 23, 2014
Summary: JUDGMENT HUGH LAWSON, District Judge. On April 22, 2014, Plaintiff Branch Banking and Trust Company ("Plaintiff) filed its Complaint for Breach of Contract, Declaratory Judgment, Specific Performance, Reformation of Deed, Unjust Enrichment, Breach of Warranty of Title, and Other Relief (the "Complaint') in the above-styled action; Defendant Dunaway Brothers, Inc. ("DBI") was served with a Summons and a copy of the Complaint on April 28, 2014, and has failed to timely file an answer or othe
Summary: JUDGMENT HUGH LAWSON, District Judge. On April 22, 2014, Plaintiff Branch Banking and Trust Company ("Plaintiff) filed its Complaint for Breach of Contract, Declaratory Judgment, Specific Performance, Reformation of Deed, Unjust Enrichment, Breach of Warranty of Title, and Other Relief (the "Complaint') in the above-styled action; Defendant Dunaway Brothers, Inc. ("DBI") was served with a Summons and a copy of the Complaint on April 28, 2014, and has failed to timely file an answer or other..
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JUDGMENT
HUGH LAWSON, District Judge.
On April 22, 2014, Plaintiff Branch Banking and Trust Company ("Plaintiff) filed its Complaint for Breach of Contract, Declaratory Judgment, Specific Performance, Reformation of Deed, Unjust Enrichment, Breach of Warranty of Title, and Other Relief (the "Complaint') in the above-styled action;
Defendant Dunaway Brothers, Inc. ("DBI") was served with a Summons and a copy of the Complaint on April 28, 2014, and has failed to timely file an answer or other defensive pleading according to the records of the Court;
The Clerk entered default as to Defendant DBI on July 23, 2014;
The Court has reviewed the record and the relevant law and has concluded that Plaintiff is entitled to final judgment against Defendant DBI.
NOW, THEREFORE, and for good cause shown, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Plaintiff is entitled to and is hereby granted final judgment as to Defendant DBI as follows:
a) This Judgment affects the real property located in Pulaski County, Georgia referred to in the Complaint as the "Dunaway Division Property" and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Dunaway Division Property");
b) Each and every allegation in the Complaint is taken as true as to DBI;
c) Judgment is hereby entered against DBI on Counts III, IV and V of the Complaint. DBFs entire interest in the Dunaway Division Property is hereby adjudicated vested in WLD Farms, Inc. ("WLD") effective upon entry of this Judgment, and thereupon, the Security Deed from WLD to Plaintiff recorded on March 20, 2002 in Deed Book 196, Page 815, Pulaski County, Georgia records ("Plaintiffs Security Deed") encumbers the Dunaway Division Property superior to any interest of DBI, Furthermore, the Pulaski County, Georgia real estate records are hereby reformed to show that WLD holds title to the Dunaway Division Property encumbered by Plaintiffs Security Deed superior to any security interest of DBI, and specifically, the Limited Warranty Deed from Central Georgia Cooperative, Inc. to DBI recorded on February 22, 2000 in Deed Book 180, Page 269, Pulaski County, Georgia records (the "DBI Deed") is hereby reformed ab initio to omit the Dunaway Division Property from the legal description of the property conveyed thereunder. It is expressly provided, however, that the claims and issues regarding the relative priorities and interests in the Dunaway Division Property claimed by Defendant Administrator of U.S. Small Business Administration or Defendant Department of Treasuiy — Internal Revenue Service are not hereby adjudicated but, instead, remain pending before the Court; and
d) The Clerk of the Superior Court of Pulaski County, Georgia shall record this Judgment in the Pulaski County, Georgia real estate records and shall cross-reference the record of this Judgment with the Limited Warranty Deed to DBI recorded at Deed Book 180, Page 269, Pulaski County, Georgia records, the Warranty Deed to WLD recorded at Deed Book 196, Page 765, Pulaski County, Georgia records, and the Security Deed to Plaintiff recorded at Deed Book 196, Page 815, Pulaski County, Georgia records, and shall take such other and further steps as may be appropriate to reform the Pulaski County, Georgia real property records to effectuate this Judgment.
This Judgment does not affect the claims and issues regarding the relative priorities and interests in the Dunaway Division Property claimed by Defendant Administrator of U.S. Small Business Administration or Defendant Department of Treasury — Internal Revenue Service, as those claims and issues remain pending before the Court.
SO ORDERED AND ADJUDGED.
Exhibit "A"
