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Wilann Props. I LLC v. Georgia Power Co.

The defendant was not entitled to add a counterclaim defendant, as the action below had already terminated.

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This is the fourth appearance before us of this long-running dispute between a landowner, Wilann Properties I, LLC “Wilann”, and Georgia Power Company “Georgia Power” over a utility easement across Wilann’s property. Wilann appeals from the trial court’s denial of its motion to add a party. We conclude that the trial court did not abuse its discretion, and we therefore affirm.

The facts of the case, as well as the earlier appeals, are noted in its most recent appearance, Wilann Properties I v. Georgia Power Co., 321 Ga. App. 297 740 SE2d 386 2013. There, we affirmed the trial court’s grant of summary judgment in favor of Georgia Power Company. Id. Our Supreme Court denied Wilann’s petition for certiorari, and the remittitur issued on March 25, 2013. On October 31, 2013, the trial court entered a “Final Judgment on Remittitur.”

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