Opinion
A89A1736.
DECIDED OCTOBER 6, 1989.
Dispossessory. DeKalb State Court. Before Judge Purdom.
Thomas L. Bingley, for appellant.
Mark Weber, Karen F. Horner, for appellee.
This is a dispossessory action, brought against the appellant by the appellee to recover possession of certain property which the latter had allegedly purchased at a foreclosure sale. The appellant failed to appear at the hearing, and the trial court consequently issued a writ of possession. The appellant asserts on appeal that the foreclosure sale on which the appellee's claim of ownership was based was unauthorized because she was under the protection of a bankruptcy stay at the time it occurred. Held:
1. The appellant has, to this date, failed to substantiate her contention regarding the bankruptcy stay. It is in fact apparent from a copy of a United States Bankruptcy Court order provided to us by the appellee that although the appellant filed a bankruptcy petition prior to the foreclosure sale, that petition was dismissed with prejudice before the sale occurred. Under these circumstances, there is no basis for a conclusion that the trial court lacked the legal authority to enter a writ of possession.
2. The appellee's motion for imposition of a penalty against the appellant pursuant to Rule 26 (b) of this court for filing a frivolous appeal is granted, and the lower court is hereby directed to enter judgment against the appellant in the amount of $200 upon return of the remittitur in the case. See Butler v. First Family Mtg. Corp., 191 Ga. App. 360 (2) ( 381 S.E.2d 551) (1989). (Cert. denied.)
Judgment affirmed with direction. Sognier and Pope, JJ., concur.