Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Tavakolian v. Agio Corp.

The trial court lacked jurisdiction to enter final judgment on the appellees' petition for declaratory judgment because this Court had not yet issued the remittitur.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Previously in this declaratory judgment action, the trial court entered default judgment against Gholamreza Tavakolian and summary judgment against his brother, Hamid Tavakolian. The court assessed attorney fees against both appellants. We affirmed the judgment as to Gholamreza.1 However, we reversed the judgment as to Hamid because the trial court erroneously found that he had failed to respond to appellees’ requests for admissions.2 Following our decision, the trial court scheduled a hearing on appellees’ petition for declaratory judgment and served Hamid with a rule nisi. Hamid failed to appear at the hearing. The court struck Hamid’s answer and permitted appellees to introduce evidence, including expert testimony, which established their right to redeem certain properties from the Tavakolians. The trial court found that appellees had tendered the proper redemption amount, $18,530.92, into the registry of the court as of September 30, 2002, and that a subsequent conveyance of the properties by Gholamreza to Hamid was void. The court ordered the Tavakolians to execute redemption quit-claim deeds in favor of appellee Agio Corporation and directed the clerk of court to execute such deeds in the event the Tavakolians failed to do so. The Tavakolians appeal. We are constrained to reverse.

1. In their second enumeration of error, the Tavakolians argue that the trial court lacked jurisdiction to enter final judgment on appellees’ petition because the remittitur had not been issued. We agree.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Credit Union Times Luminaries Awards 2024
November 07, 2024
Orlando, FL

This event shines a spotlight on the individuals, teams, projects and organizations that are changing the financial industry.


Learn More
Bank & Capital Markets Tax Institute (BTI) 2024
November 06, 2024 - November 07, 2024
Orlando, FL

BTI provides leading tax professionals from financial institutions with unmatched tools and resources.


Learn More
The American Lawyer Industry Awards 2024
November 13, 2024
New York, NY

Honoring outstanding legal achievements focused at the national level, largely around Big Law and in-house departments.


Learn More
Go to Events Go to Webcasts
ENTREPRENEURIAL TAX ASSOCIATE (Charleston, SC; no billable hour requirement; non-remote)

Our client, a small but highly sophisticated and entrepreneurial tax boutique in Charleston, SC, has asked for our firm s assistance in iden...


Apply Now ›
Corporate Counsel

CORE RESPONSIBILITIES AND TASKS:(1) Tasks and responsibilities include:Reviewing and negotiating commercial agreements for internal business...


Apply Now ›
Associate Attorney(s)

Boutique midtown Manhattan law firm specializing in sophisticated real estate litigation & representation of commercial and residential ...


Apply Now ›
Go to Lawjobs