`**E-FILED**
`18EV006006
`5/24/2020 1:57 AM
`LeNora Ponzo, Clerk
`Civil Division
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`IN THE STATE COURT OF FULTON COUNTY
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`STATE OF GEORGIA
`DODSON WOODS HOMEOWNERS,
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`ASSOCIATION,
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`Plaintiff,
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`ORDER
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`v.
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`TONNY DAVIS,
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`Defendant,
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`CIVIL ACTION FILE
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`NO. 18 EV 006006
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`The above styled action came regularly before the Court on Plaintiff’s Motion For
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`Summary Judgment. Only Plaintiff was represented by counsel. After considering the entire
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`record, the Court hereby issues the following Order:
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`In this action upon allegedly delinquent condominium assessments, Plaintiff moves
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`presently for summary judgment relying on unanswered requests for admission to establish
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`liability and damages. Under O.C.G.A. § 9-11-36, any matters deemed admitted by the failure to
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`respond within thirty days are conclusively established as admissions in judicio unless the Court,
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`upon motion, permits withdrawal. Defendant did not respond to the requests within 30 days and
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`has not moved to withdraw the resulting admissions.
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`Through the admissions of record, the Defendant has admitted liability in the amount as
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`alleged in the Complaint plus after-accruing assessments. As the admissions are sufficient to
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`establish Plaintiff’s claim, the motion is GRANTED in favor of Plaintiff in the liquidated
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`amounts of: $4,761.36. Plaintiff’s claim for attorney’s fees is unliquidated and must be proven
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`upon stipulation to a non-jury calendar.
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`IT IS SO ORDERED this the 24th day of MAY 2020
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`____S/John Mather__________
`Judge John R. Mather
`State Court of Fulton County
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