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Target Corp. v. Kennon Amerson

The trial court erred in denying the defendants' motions for directed verdict on the plaintiff's fraudulent conveyance claim, as the plaintiff did not establish any "badges of fraud" pursuant to O.C.G.A. § 18-2-74 subsection b.

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In these companion cases, Charlotte and Micah Green and Target Corporation appeal from a verdict in which the jury concluded that the Greens and Target conspired to convey a piece of real property with the intent of defrauding Kennon Amerson d/b/a South Coast Builders and South Georgia Coast Builders, LLC collectively, “Amerson”, a judgment creditor of the Greens. The Greens and Target assert that 1 Amerson failed to present any evidence of fraud and, therefore, they are entitled to judgment as a matter of law i.e., that the trial court erred in denying their motions for directed verdict; and 2 Amerson’s judgment lien was improper and the trial court erred in failing to rule on that issue. And because we agree that the evidence is insufficient to sustain the jury’s verdict of fraudulent conveyance as a matter of law, we reverse the judgment.

The facts of this case are essentially uncontroverted. In January 2007, the Greens contracted with Amerson, a general contractor, for the construction of their home in McIntosh County, Georgia the “Property”. Thereafter, a dispute between the parties arose, and in December 2007, Amerson filed suit against the Greens.

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