Dabdoub v. Global Home Image LLC

Mohammad Braiwish, Sayyah Shammout, and Salim Dabdoub collectively, “the appellants” sued Zeyad Salahat, their former partner in a real estate venture, for slander to title and breach of contract.1 They also sought to quiet title to properties bought for the venture. Salahat answered, denying liability and asserting a counterclaim to recover funds he contributed to the partnership, as well as his share of alleged profits. Following a bench trial, the trial court directed a verdict for Salahat on the appellants’ claims and awarded him $33,500 on his counterclaim. The appellants seek appellate review, but they do not challenge the dismissal of their claims. Instead, they argue only that the award to Salahat was against the weight of the evidence. For reasons that follow, we affirm. “On appeal from a bench trial, we construe the evidence in favor of the judgment and will not disturb fact findings of a trial court if there is any evidence to sustain them.” Hampshire Homes v. Espinosa Constr. Svcs. , 288 Ga. App. 718, 719 655 SE2d 316 2007. The trial court —not this Court —resolves issues of witness credibility, and “conflicting evidence in the record satisfies the ‘any evidence’ test.” Tampa Bay Financial v. Nordeen , 272 Ga. App. 529, 531 1 612 SE2d 856 2005.

Viewed in this manner, the evidence shows that Salahat was a professional real estate investor when he met the appellants. He and Dabdoub initially formed a partnership to purchase investment houses, and Shammout and Braiwish later joined the venture. The partnership bought two homes in Atlanta, one on Woodland Avenue and the other on Mathews Street. The partners planned to refurbish and sell the houses, splitting any profits equally among them.