Horner v. Robinson

The defendant failed to strictly comply with the requisite notice provisions contained in the Abandoned Motor Vehicle Act, O.C.G.A. § 40-11-1 et seq. prior to selling the plaintiff's stolen race car at a public auction.

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In this conversion action, appellee Grady Lanier Robinson sued appellant Kenneth John Horner, Jr. to recover a race car that Horner had foreclosed upon and purchased after Horner’s towing company had towed and stored the car. Horner countersued, contending that he was entitled to damages and expenses of litigation due to the unnecessary trouble and expense caused by Robinson’s lawsuit. Following Horner’s partial motion for summary judgment on the issue of liability, the trial court held that Horner, through his company, failed to comply with the requisite notice provisions contained within the Abandoned Motor Vehicle Act, OCGA § 40-11-1 et seq., and ordered that Horner return the vehicle to Robinson. On appeal, Horner argues that the superior court lacked jurisdiction to consider the conversion action and erred in ordering the vehicle returned to Robinson. For the reasons that follow, we affirm. We conduct a de novo review of a trial court’s ruling on a summary judgment motion. Hewitt Assoc. v. Rollins , 294 Ga. App. 600, 601 669 SE2d 551 2008. “Summary judgment is appropriate when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.” Id. See OCGA § 9-11-56 c.

The facts in this case are largely undisputed. In 2003, Robinson had purchased a 1969 Chevy Nova and designed, rebuilt and customized the vehicle into an upgraded drag race car which he raced in the Atlanta-based Outlaw Racing Street Car Association circuit. The vehicle was painted bright orange and contained the racing number “100″ painted in yellow. Robinson held a bill of sale and certificate of title to the vehicle, but never registered it with the Motor Vehicle Division of the Department of Revenue the “Department”.

Horner v. Robinson

The defendant failed to strictly comply with the requisite notice provisions contained in the Abandoned Motor Vehicle Act, O.C.G.A. § 40-11-1 et seq. prior to selling the plaintiff's stolen race car at a public auction.

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