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Lawskills.com Georgia Caselaw
GORDON v. WELDON.
59557.
BANKE, Judge.
Confirmation of sale. Troup Superior Court. Before Judge Jackson.
The appellee has moved to dismiss on the ground that the notice of appeal specifies the wrong case number in the lower court. Held:
1. While the notice of appeal may specify the wrong case number, the proper record and transcript have been transmitted to us, indicating that the problem was corrected in the lower court. Thus, we see no reason to dismiss the appeal.
2. We agree with the appellant that the court was without authority to entertain the appellee's prayer for confirmation of the houseboat sale. The provisions of Code Ann. 67-1503 et seq. establish a special statutory procedure which governs only the confirmation of private foreclosure sales of real property. This statutory framework does not authorize confirmation of sales of personalty. Accord, Ennis v. Atlas Fin. Co., 120 Ga. App. 849, 850 (172 SE2d 482) (1969) (holding that it is for the jury to determine the commercial reasonableness of a private sale of collateral under Ga. UCC 9-504 (Code Ann. 109A-9--504)). That portion of the court's judgment confirming the sale of the houseboat is accordingly vacated.
3. The appellant's contention that the court used an improper legal standard in confirming the realty sale is without merit. The court expressly found that the property had brought its true market value, and this finding was supported by the testimony of the appellee's expert witness. The appellant's attack on that testimony goes only to its weight and credibility, not to its admissibility. See generally American Century Mtg. Investors v. Strickland, 138 Ga. App. 657 (227 SE2d 460) (1976).
H. J. Thomas, for appellee.
Thomas E. Raines, Gerald B. Kline, for appellant.
ARGUED MARCH 11, 1980 -- DECIDED MAY 6, 1980.
Friday May 22 00:35 EDT


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