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Bo Phillips Co. Inc. v. R. L. King Props. LLC

Genuine issues of material fact remained in the plaintiffs' suit for conversion, the remedy of a constructive trust, punitive damages and attorney fees, and the trial court erred in granting the defendants' motion for summary judgment.

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Appellants Bo Phillips Company, Inc. BPC and Ro Benn, d/b/a Big Benn Entertainment Benn sued R. L. King Properties, LLC and Robert L. King collectively, the appellees for conversion, among other claims. BPC and Benn contend that they rented and delivered equipment to a DeKalb County nightclub, the premises of which was owned by King Properties, and the appellees later denied BPC and Benn access to the premises and refused to return their equipment.1 The trial court granted summary judgment in favor of the appellees on all claims and denied BPC’s and Benn’s motion to compel discovery as moot. The trial court also impliedly denied BPC’s and Benn’s cross-motion for summary judgment.2 BPC and Benn appeal from the trial court’s grant of summary judgment on their claims for conversion, punitive damages, attorney fees, and the remedy of a constructive trust. They also appeal from the trial court’s denial of their motion to compel and the trial court’s denial of their cross-motion for summary judgment. For the reasons set forth below, we affirm in part and reverse in part.

Under OCGA § 9-11-56 c,

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