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Shell v. Tidewater Fin. Co.

The trial court erred in granting summary judgment to a finance company in its action seeking to collect a deficiency from the sale of the defendant's repossessed vehicle, as a genuine issue of material fact remained regarding whether the finance company complied with the notice requirement of OCGA § 10-1-36 a.

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Patricia Shell appeals from the grant of summary judgment to Tidewater Finance Company d/b/a Tidewater Motor Credit “Tidewater”, in Tidewater’s suit against her on a retail installment contract to collect a deficiency from the sale of Shell’s repossessed vehicle. Shell contends that the trial court erred because a genuine issue of material fact remains as to whether Tidewater met its obligation to provide notice required by OCGA § 10-1-36 a. Because the record contains a factual dispute as to that question, we reverse.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.1

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