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Spooner v. Deere Credit Inc.

Plaintiff's default judgment against the defendant in its suit to repossess several manufactured homes barred defendant's counterclaim for wrongful repossession in plaintiff's subsequent suit for a deficiency judgment.

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Claiming default under an inventory security agreement, Deere Credit, Inc. was granted an immediate writ of possession and a final writ of possession and proceeded to repossess several manufactured homes from George Spooner and Keli Christie, doing business jointly as Mac’s Housing. Defendants failed to file an answer and Deere was granted judgment by default. Deere then sued George Spooner for a deficiency judgment after disposal of the homes, and Spooner counterclaimed asserting that he was not in default and therefore the repossession was wrongful. Deere moved for summary judgment, but the court found that issues of fact remain regarding notice of transfer of the homes, the commercial reasonableness of the sale, and Spooner’s right to redeem. The trial court did however grant summary judgment to Deere on Spooner’s counterclaim for wrongful repossession from which order Spooner now appeals.

On appeal from a trial court’s grant of summary judgment, we conduct a de novo review of the evidence.1 To prevail on summary judgment under OCGA § 9-11-56, the moving party must demonstrate that there is no genuine issue of material fact, and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.2

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