Duffy v. The Landing Assoc. Inc.

This dispute between property owners and a real estate marketing company returns to this court for the second time. In the first appeal, Duffy v. The Landings Assn, 245 Ga. App. 104 536 SE2d 758 2000 “Duffy I”, this court reversed the trial court’s grant of summary judgment against Robert J. and Marcy C. Duffy and in favor of The Landings Company and The Landings Association, Inc. The trial court upheld a restrictive covenant requiring that property owners in a residential subdivision pay a “transfer fee” to a marketing company upon the sale of their residence. We reversed because the original restrictive covenants were not properly amended to impose the transfer fee. Id. at 104, 107-108.

The case now reappears before us on the Duffys’ appeal of the trial court’s order denying their motion to certify this litigation as a class action. In three enumerations of error, the Duffys contend the trial court erred in refusing to certify a class action. In their remaining enumeration of error, they contend the trial court erred in vacating its order allowing them to amend their complaint to assert a claim for attorney fees. We conclude that the trial court did not abuse its discretion in denying class certification and that the Duffys’ claim for attorney fees was extinguished with the class action claims. We therefore affirm.