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R.D. Stallion Carpets Inc. v. Dorsett Indus. LP

Judgment debtor's admission in the underlying action that it manufactured and sold certain carpet to plaintiff was an admission in judicio that plaintiff could use in its action to enforce its judgment against the debtor's successor in interest.

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R. D. Stallion Carpets, Inc. Stallion obtained a judgment against Dorsett Automotive Carpet, L.P. f/k/a DWB Holding Carpet, L.P. When Stallion attempted to collect that judgment from Dorsett Industries, L.P., the limited partnership that purchased the assets of Dorsett Automotive Carpet, the trial court granted summary judgment. In this appeal, Stallion contends that material issues of disputed fact precluded that judgment. We agree and reverse.

In reviewing the grant of summary judgment as here, we apply a de novo standard of review and consider the evidence with all reasonable inferences and conclusions in favor of the party opposing summary judgment. Gaskins v. Hand, 219 Ga. App. 823, 824 466 SE2d 688 1996. So viewed, the evidence established that the evolution of Dorsett Industries, L.P. was convoluted. In 1992, Robert S. Goodroe was the controlling stockholder and chief executive officer of Dorsett Carpet Mills, Inc. Sometime in 1992, DWB Carpet Holdings, L.P.1 acquired Dorsett Carpet Mills, Inc. from Goodroe, and also acquired Whitecrest Carpet Mills, Inc., and Buck Creek Industries, Inc. Although DWB Carpet Holdings, L.P. combined these three corporations, within a relatively short time period, this company spun off portions of itself and changed its name as set out below.

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