The Phoenix of Peachtree Condo. Assoc. Inc. v. Phoenix on Peachtree LLC

The trial court erred in failing to give the plaintiff an opportunity to substitute the real parties in interest.

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The Phoenix on Peachtree Condominium Association, Inc. “the Association” appeals from the trial court’s order granting summary judgment in favor of The Phoenix on Peachtree, LLC, RBC Centura Bank, Eagle Bancshares, Inc., Eagle Real Estate Advisors, Inc. collectively “defendants” and Jebco Ventures, Inc.1 The Association claims the trial court erred by: 1 considering the affidavits of Stephen Draper; 2 denying its motion to compel and for additional time to respond; 3 granting summary judgment to the defendants based upon its conclusion that the Association lacked standing; 4 denying its motion to substitute real parties in interest; and 5 granting summary judgment to a defendant Jebco Ventures, Inc. that did not properly join in the pending summary judgment motion of other defendants. Because the trial court failed to give the Association an opportunity to substitute the real parties in interest, we vacate its order and remand this case for further proceedings. The record shows that on May 15, 2006, the Association filed a complaint against numerous defendants alleging deficiencies and defects in the construction of the common areas of The Phoenix on Peachtree Condominium. On May 24, 2006, the Association served interrogatories and requests to produce on all of the defendants in this appeal. Each of these defendants received one interrogatory and one request to produce seeking information relating to defenses asserted by the defendants in their answers.

In each of the defendants’ answers filed in June and July of 2006, they asserted that the Association lacked standing to bring the claims asserted in its complaint and that the Association’s complaint was “barred by the absence of necessary and indispensable parties.” In July 2006, all of the defendants, except Jebco Ventures, Inc.,2 filed written objections to the discovery requests in which they asserted that they should not be required to respond to the discovery requests until the trial court determined whether the Association had standing to assert the claims in its complaint.

The Phoenix of Peachtree Condo. Assoc. Inc. v. Phoenix on Peachtree LLC

The trial court erred in failing to give the plaintiff an opportunity to substitute the real parties in interest.

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