Vinings Bank v. Brasfield & Gorrie, Llc.

4 Citing cases

  1. Vinings Bank v. Brasfield & Gorrie, Llc.

    774 S.E.2d 701 (Ga. 2015)   Cited 2 times
    In Vinings Bank v. Brasfield & Gorrie, LLC, 297 Ga. 468, 774 S.E.2d 701 (2015), the Supreme Court of Georgia reversed the judgment of this Court in Division 3 of Vinings Bank v. Brasfield & Gorrie, LLC, 328 Ga.App. 636, 759 S.E.2d 886 (2014), in which this Court affirmed the trial court's denial of summary judgment to Vinings Bank on Brasfield & Gorrie's counterclaim for conversion.

    OpinionMELTON, Justice.In Vinings Bank v. Brasfield & Gorrie, LLC, 328 Ga.App. 636, 759 S.E.2d 886 (2014), the Court of Appeals affirmed, among other rulings, the trial court's determination that Vinings Bank (“Bank”) was not entitled to summary judgment with regard to a counterclaim for conversion brought against the Bank by Brasfield & Gorrie, LLC (“B & G”). We granted certiorari to determine the propriety of this decision.

  2. GMRI, Inc. v. Independence Bank of Ga.

    212 F. Supp. 3d 1306 (N.D. Ga. 2016)   Cited 2 times

    Several opinions in the Vinings Bank case are referenced in this Order. The Georgia Court of Appeals' opinion in Vinings Bank v. Brasfield & Gorrie, LLC , 328 Ga. App. 636, 759 S.E.2d 886 (Ga. Ct. App. 2014) ("Vinings Bank I ") was vacated in part by the Georgia Supreme Court's opinion in Vinings Bank v. Brasfield & Gorrie, LLC , 297 Ga. 468, 774 S.E.2d 701 (Ga. 2015) ("Vinings Bank II "), as stated in Vinings Bank v. Brasfield & Gorrie, LLC , 335 Ga.App. 538, 782 S.E.2d 322 (Ga. Ct. App. 2016) ("Vinings III "). The bank's account holder was WEI, a subcontractor.

  3. Vinings Bank v. Brasfield & Gorrie, Llc.

    782 S.E.2d 322 (Ga. Ct. App. 2016)   Cited 1 times

    MILLER, Presiding Judge. In Vinings Bank v. Brasfield & Gorrie, LLC, 297 Ga. 468, 774 S.E.2d 701 (2015), the Supreme Court of Georgia reversed the judgment of this Court in Division 3 of Vinings Bank v. Brasfield & Gorrie, LLC, 328 Ga.App. 636, 759 S.E.2d 886 (2014), in which this Court affirmed the trial court's denial of summary judgment to Vinings Bank on Brasfield & Gorrie's counterclaim for conversion. Consequently, we vacate Division 3 of our opinion in Vinings Bank, supra, 328 Ga.App. 636, 759 S.E.2d 886, and in its place adopt the judgment of the Supreme Court as our own.

  4. Deotare v. Wells Fargo Bank

    1:17-cv-699-WSD (N.D. Ga. Mar. 26, 2018)

    Such a trust is impressed upon property when it is against equity that the person holding title to the property be allowed to enjoy the beneficial interest in the property." GMRI, Inc. v. Indep. Bank of Georgia, 212 F. Supp. 3d 1306, 1313-14 (N.D. Ga. 2016) (quoting Vinings Bank v. Brasfield & Gorrie, LLC, 759 S.E.2d 886 (Ga. Ct. App. 2014)). "Constructive trust is a remedy, not a cause of action." Id.