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TKW Partners v. Archer Capital Fund LP

The trial court did not err in acknowledging a dispute over the property's true value and then ruling that the highest and best use of the property was not its proper value.

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These appeals arise from the trial court’s order approving Archer Capital Fund, L. P.’s application for confirmation of sale under power of eight penthouse units of the 1280 West Condominium in Atlanta the “Property”. In Case No. A09A2023, Crossing Park Properties, LLC, Joan F. Hammer, and Glen H. Hammer the “CPP Defendants” contend that the trial court erred in confirming the sale because i Archer’s notice was deficient as a matter of law, and ii Archer failed to establish that it sold the Property for true market value. In Case No. A09A2022, TKW Partners, LLC, 2000 Ocean Drive, LLC, William J. Schmitt, Thomas E. Schmitt, Barbara E. Schmitt, Kenneth F. Harris, Jr., Gayle Harris, and Condominium Ventures of America, Inc. the “TKW Defendants” contend that the trial court erred in accepting evidence of the “as-is” value of the Property as its true market value. “The trial court is the trier of fact in a confirmation proceeding, and an appellate court will not disturb its findings if there is any evidence to support them.”1

We are not, however, bound by the trial court’s conclusions of law, which are subject to de novo review.2

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