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WCI Props. Inc. v. Community & S. Bank

The trial court properly confirmed the foreclosure sales as the evidence supported the conclusion that the properties sold for at least their true market value.

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On appeal from a trial court’s confirmation of a series of foreclosure sales, the debtor and appellant WCI Properties, Inc., argues that the trial court erred when it denied WCI’s motions for a hearing about appellee’s use of expert opinion testimony in a civil action under former OCGA § 24-9-67.11 as to the adequacy of three real estate appraisers’ methods used to determine the value of the sold properties. WCI also asserts that the trial court erred when it confirmed the sales. We find no error and affirm.

Under former OCGA § 24-9-67.1 b, experts qualified as such are authorized to give opinion testimony “if scientific, technical, or other specialized knowledge will assist the trier of fact in any cause of action to understand the evidence or to determine a fact in issue,” and if “1 the testimony is based upon sufficient facts or data which are or will be admitted into evidence at the hearing or trial; 2 the testimony is the product of reliable principles and methods; and 3 the witness has applied the principles and methods reliably to the facts of the case.” Id.

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